Shoplifting Charge at JC Penny

My question involves criminal law for the state of: Massachusetts

My girlfriend and I were caught shoplifting at JC Penny in which we took two items. We're both eighteen and have never had an offense before. We were asked to come back in by loss protection agents who took tons of our information. The police were called and we were let go, but were told that we would receive a letter about our court hearing. A few questions:

1. Is it a misdemeanor or a felony?
2. Will this go on our permanent records? Is it worth hiring an attorney?
3. Should we be worried about our pictures being circulated around the mall? Or just other JC Penny stores?
4. If it were to get put on our permanent record, how long would it take to get expunged? Is there any way not to get it put on our record yet plead guilty?
5. Lastly, should we do anything in preparation for the court date? Eg. Classes, community service and so on.

Thank you so much in advance

1. Is it a misdemeanor or a felony?
- this depends on the amount stolen. Most are misdemeamnors.

2. Will this go on our permanent records? Yes. Is it worth hiring an attorney? Yes. An attorney can get you a plea deal or Diversion program.

3. Should we be worried about our pictures being circulated around the mall? Or just other JC Penny stores? What were the papers you signed. If you can't remember - then stay out of both. Definitely stay out of any JC Penney's until you have written permission to enter again.

4. If it were to get put on our permanent record, how long would it take to get expunged? Is there any way not to get it put on our record yet plead guilty?

It depends on your state. In many, it can be 5 years minimum.

Pleading guilty is the worst thing you can do....the judge has to give you the max sentence. Plead Not Guilty, ask for Public Defender (though if you afford a lawyer, that is your best bet)

Even if you plea guilty to a lesser charge in a Plea Deal...yes, it will be on your record.

in other words...don't expect to work retail, anything that involves money (say goodbye to even McD's), it may affect college or armed forces...







5. Lastly, should we do anything in preparation for the court date? Eg. Classes, community service and so on.

Thank you for the fast response..what in your opinion is the best way to handle the situation. If money isn't an issue, how can we avoid having our permanent records. The Loss Protection Agents said to us that it's unlikely it will stay on our records. I believe the forms we signed was an admittance to being on the premise and of what we did. I'm not sure though. And again, are our pictures of concern? Like will every store in the mall receive them? I want to be able to shop there again.

Also a few more quick questions. Will we go to court together? And when will it go on our permanent record? I'm applied to colleges, and I'll here back come April 1st. Will it be able to be seen on my record?

If money is not an issue....get a Criminal Defense Lawyer.

Depending on your area, you may get a Diversion Program - it's not free.

You will also have the Civil Demand to pay.

Wanting to shop the mall again...you will need to write the mall office for approval. If approved, that does not mean you will be able to shop ANY JC Penney without writing their Corporate Office as well for written permission. And yes - even if you live in Massachusetts, the ban means ANY JC Penney - even in Alaska. They will have you pic in the company database. And possibly in the National Retail Theft Database.

Definitely see a lawyer.

Thanks again, I'm also more concerned about the permanent record. Like the police officers and loss protection guys made it seem like it wasn't a big deal. Is there anyway not to have it put on our records? That's what I'm shooting for. How likely is it?

Also were we technically arrested if the cops were called?

Since cops were called...yes, you were arrested and released.

You will be given dates to give your mugshots and fingerprints.

Unless you can get a Diversion Program...it will be on your records for good. Diversion...you might be able to get it off after 5 yrs.

You will want to talk to a Criminal Defense Lawyer.

Is 5 years the minimum?

Expect 5 years to get your record expunged, yes.

In the meantime, yes....the shoplifting charge will be on your record that any potential employer or school may find.

Thank you..if my application was to be reviewed and my background checked would it show up yet? How long does it take to show up?

And lastly will our court hearings be together?

It depends on the court date, but there's a chance that the two of you will have separate hearings.

One last major question. I hear a lot about cases being dismissed or acquitted. Is there any chance of this? Will this not affect a permanent record?

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Quoting Bmrs007

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One last major question. I hear a lot about cases being dismissed or acquitted. Is there any chance of this? Will this not affect a permanent record?

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Remember that piece of paper you signed that said you admitted to the theft?

That is know in legal circles as "a confession".

It is very difficult to get a dismissal or acquittal when you have given a confession.

There is an excellent chance at a deferment or expungement at the end of sentence, but I wouldn't count on an acquittal.

How long does a sentence normally last? And also I remember they did full body searches to both of us. Not the police, but the loss agents. Neither of us gave verbal consent to this. Is this allowed?

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Quoting Bmrs007

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How long does a sentence normally last? And also I remember they did full body searches to both of us. Not the police, but the loss agents. Neither of us gave verbal consent to this. Is this allowed?

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Sentences normally last a year of probation... assuming you pay all the fines, restitution and complete your community service on time.

Yes, they are allowed to see if you stole anything else.

When we were brought into the room, we were told nothing. The loss protection agents and the police knew that we were first time offenders. Shouldn't they have told us what our options were? I feel as though they conspired us into signed sheets - they made it seem as though it would be easy to get out of. In addition, shouldn't we have received some form of our rights read to us? I believe if we were under citizen's arrest, we should have been read our rights, which we were not. We were also detained in a room; they never told us that we had the option to get up and leave, and we were also questioned about our crime and our past history. I believe that the police and the loss protection agents got the vibe that we were nervous, so they knew we would comply. However, if they explained to us the situation and the options that we had, even read us our rights, we would not have been so dumbfounded. We would have thought about getting an attorney and not signing papers until we learned further of our options. Is this valid?

It is not the job of the Victims to inform the thieves as to their rights.