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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default First Offense Shoplifting, Alaska

    My question involves criminal law for the state of: Alaska
    18year old, college student, first time offence theft from walmart $130
    Ok, well this is my first time criminal offence except for a minor consumption of alcohol whick idk, these are the facts
    1. Walmart has video survelence of me stealing 130$ of software
    2. Walked out and stopped by Loss Prevention, information from drivers license taken, told I am NOT being charged with trespassing and allowed to come back
    3.Police called, arrested, NOT TAKEN to jail, given a citation or misdemeanor, have a court date in about a month. I think my charge is 3rd degree Theft
    --
    So my questions are..
    1. Walmart sends me a letter with a civil suit, do i pay it or not? I've heard several differences, I heard if you don't pay it they wont pursue you into court, even though thats what they say.
    2. In court, Im going to plead "Not Guilty" I heard youre offered a deal or something, any advice or info on what anyone knows at that point about how to find out or ask the court system or attorney about 1st time offender or diversion programs? And will I be assigned a attorney, or will I be WAY better off hiring an attorney or public defender?
    3. I know if some of this ends up sticking there is a expungement process? How long will this take in my circumstance and how to I definitely get that to happen even if I have to change all of the above?
    PS What is pretrial diversion?
    ....THANK YOU if you reply to this post, I just want to move on and live straight and your help is greatly appreciated

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: First Offense Shoplifting, Alaska

    1) Pay the civil demand. They can sue you for it (and their court costs) if you don't.

    2) If you cannot afford private counsel, ask for a Public Defender at your arraignment. An attorney can help you get into a diversion program - if such is offered in your jurisdiction.

    3) Expungement won't be available to you unless the charges are dismissed, or, if you're convicted, the court overturns it or you're pardoned by the governor because the charge was the result of mistaken identity.

    You cannot plausibly claim mistaken identity.

    A pre-trial diversion program is a program for first offenders that entails fines, restitution, an anti-shoplifting class, and probation. Successful completion of said program typically results in a clean record.

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