Charged with Petty Theft in South Dakota

My question involves criminal law for the state of: South Dakota

I was recently caught taking a $17 item from a store in South Dakota. I've never done anything like this before and I still don't know why I did it or what I was thinking. It was stupid and impulsive. But I did it and now I need some advice. I already paid the company the Civil Penalty I owed them and called to apologize to the management. I still have to appear in court though and I don't want this to be on my record. I have a clean record til now...the only other run-ins I've had with the law was one seatbelt ticket a few months ago. Other than that I've never been in trouble. I can't afford to hire a private attorney and I just want to make this go away and get it over with, but I don't want a conviction of petty theft on my record. What should I say when I go to court as my plea and that sort of thing. This is all new to me so I have no clue. Please help!!

I suggest that you start by taking a look at the court's website, the prosecutor's website, and if you can't find anything there trying to find out from a local lawyer if your county offers a diversion program or deferrals for first offenders and, further, if you qualify. Such programs aren't offered everywhere. Where they are available, many are limited to offenders below a speficied age, but the terms will vary by county.

You can also check with the court to see if you qualify for a court-appointed lawyer.

Did the store call the police and you were arrested?

Yes they filed a citizens arrest, the police were called and i was officially arrested but just given a court summons. the officer didnt actually take me down to the jail. i requested a dispositional conference with the prosecutor the other day. What kind of plea deals do you think I could negotiate?? Because I really dont want to plead guilty to this and have it on my record but i dont think i want to burn my suspended imposition because you only get one in your lifetime you know??

What ever became of your situation? When the police came was the Miranda read to you even though you only got a court summons and didn't go to jail? Have you been to court yet? And what was the fine/punishment? Were you able to schedule a dispositional conference with the prosecutor?

I wasnt read my Miranda rights because they didnt actually take me into jail although I was officially arrested. I went to court and requested the Dispositional Conference. Then at the conference I was able to talk to a rep from the prosecutor and I bargained the charge down to Disorderly Conduct with a larger fine. It ended up working out better than I thought but this whole ordeal left me pretty short on cash. Still feeling the effects of it :wallbang: It was a really stupid thing to do and I've definitely learned my lesson.

If the OP was caught in the act and signed what amounts to a written confession, Miranda was not necessary.

The witnesses to the crime will testify.