Sisters Caught Shoplifting

[apple123]

My question involves criminal law for the state of: Missouri
I am over 18, my sister is 17.
I understand she can/will be charged as an adult.
We were at Kohls Department Store.
We were outside of the store when we were caught.
I was caught with $124 worth of merchandise and she was caught with $64 in merchandise.
The police were called but we were not arrested.
Both of our court dates are in January.
We have not yet received letters from the store.
This is both of our first times being in any trouble.
It was not premeditated.
I understand that we face up to a year in jail and up to a $1000 fine on top of repaying the store.

How much is an attorney and where can we find an affordable one?
Is it correct that both are misdemeanors?
Will I be able to get this off of her record and/or mine, how much would that cost?
Should I have money saved up by the court date for us both and can you guesstimate
how much?
What is the common punishment and charges for this crime?
Any other information would be helpful!
Thank you for your time!

[flyingron]

This is a class A misdemeanor. Fines and jail are possible but not likely. With clean records you may be eligible for a diversion which allows you to escape having a conviction on your record if you complete the terms of the diversion. If you are convicted it is FOREVER.

A lawyer will probably cost several thousands to see you both through all this. You can usually get recommendations by looking up the county bar in the county you were arrested in and asking for referrals. They should be able to quote you a price over the phone.

In addition to the lawyer and your fine and costs (and there are usually costs even if you are lucky to get a diversion), you are also likely to get a letter from Kohl's lawyers demanding money for the damages you have caused them (over and above paying for the merchandise) and threatening to sue you if you don't pay.

Premeditation has no bearing on your charges.

[cyjeff]

Another point... you WERE arrested... you were just not taken into custody. If you have a court date and a ticket, you were charged. You don't have to be put into cuffs.

Will the minor's parents be attending court?

[PandorasBox]

Costs....These are ballpark figures, as it can vary by state and jurisdictions....but yes, start saving money immediately.

NOTE: These figures are for one person....so consider this as X amount EACH.

Lawyer: $1500+; or Public Defender $250+ (for public defender, you will have to prove you are too poor for a lawyer).

Civil Demand: $250 (can be higher, can be lower....laws vary by state but are usually either a Minimum of, or X times the value of the merchandise stolen).

Court Costs, Fines: $300+

If you get a Diversion Program, or Community Service, or Supervised Probation - that can run $300+ also (sorry, you do get to pay for the privilege of these, as someone has to do the paperwork, make sure you completed the program, etc).

[apple123]

I understand we were technically arrested even though we weren't takin into custody.
Given our financial situation, I am going to try to get us a public defender.
I looked up the address for the one in my area, should I call to make an appointment or just go to the office?
Would my 17 year old sister have to tell her parents about this or would we be able to take care of this on our own?
Does everything have to be paid up front or can a payment plan be arranged with the defender, court, and the store?
I'm honestly more concerned with getting this off HER record than mine.

[cyjeff]

Your sister is a minor.

Her (and your) parents need to be in court with her. Further, the availability of a public defender will be determined upon the basis of your PARENTS' ability to pay for an attorney.

Nope... not going to be able to avoid telling the P's on this one.

[PandorasBox]

Yep, best 'fess up to the parents now.

You should be concerned with your record, as well - having a criminal record is going to limit what jobs you can apply for, and even college programs. Basically, aside from stealing from a store - you also screwed yourself out of retail jobs, you won't be working the cash register at Taco Bell.....

There's also this thing called the National Retail Theft Database. Which stores use it is closely guarded. 17 - she won't be on it. 18 - if the store participates, you are on it. This will show up during certain Criminal Background Checks when you apply for a job.

When you/your parents talk to a P.D. or lawyer - you should inquire about diversion/1st time offender programs. 17 - your sisters record may disappear at a certain age. 18 - yours will not vanish as easily....

[davidmcbeth3]

what is to steal at Kohl's??? lol