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  1. #1
    Join Date
    Jan 2011
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    2

    Default First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    My question involves criminal law for the state of: Louisiana

    Four years ago, I was charged with Misdemeanor Theft (under $300), for stealing at Best Buy. I was charged, let go, went to court, did all the necessary things to get it removed off my record.

    Just recently, a buddy and I went to Walmart, and my friend decided to take a few things. Stupid, and retarded, I know. I was around him at the time, and as we were walking out the door, we got stopped, and we got caught. Being that I was with him, I was charged to as an accomplice, but got the same charge as he did. Misdemeanor Theft of Goods (under $500).

    My concern is that, when they schedule a court date, and I go, are they going to find any information regarding my accident at Best Buy, see that I got a Misdemeanor four years ago, and use that against me, even though I did everything necessary to get it removed off my record, or they can't do that?

    I'm just wondering if I am charged for what is on my summons, or if I'm going to be charged with a higher class Misdemeanor because of what happened four years ago?

    Thanks,

    Human Being

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    I don't think you meant "ACCIDENT' but "INCIDENT".

    Unless your record was a sealed juvenile record, or expunged....yes, the court can see it.

    You won't be charged with a higher class misdemeanor with this incident. However, it can and will likely be considered during sentencing. And I would definitely not count on a Diversion Program for a second offense.

  3. #3
    Join Date
    Dec 2010
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    105

    Default Re: First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    For the prior Best Buy incident ou say that you "did all the necessary thngs to get it removed off my record".

    What does that mean? Was the case dismissed? If so, was that through a diversion or deferred sentencing program or were the charges just dropped for some other reason? If you were convicted, do you mean that the record of conviction was expunged, meaning stricken from the criminal records.

    The answers to these questions are important because the effect of the Best Buy incident depends on how the matter was resolved.

    For the second incident at WalMart, did you aid or assist your friend in any way, or were you just in your friend's company?

    Did you make any admissions of guilt, either to store loss prevention personnel or the police, either orally or in writing?

    Again, the answers have a great deal of bearing on the possible outcome.

  4. #4
    Join Date
    Jan 2011
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    2

    Default Re: First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    Quote Quoting semblance
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    For the prior Best Buy incident ou say that you "did all the necessary thngs to get it removed off my record".

    What does that mean? Was the case dismissed? If so, was that through a diversion or deferred sentencing program or were the charges just dropped for some other reason? If you were convicted, do you mean that the record of conviction was expunged, meaning stricken from the criminal records.

    The answers to these questions are important because the effect of the Best Buy incident depends on how the matter was resolved.

    For the second incident at WalMart, did you aid or assist your friend in any way, or were you just in your friend's company?

    Did you make any admissions of guilt, either to store loss prevention personnel or the police, either orally or in writing?

    Again, the answers have a great deal of bearing on the possible outcome.
    I went to court for what I did at Best Buy. I had to pay back what I stole, but I went and took a course, got a certificate of completion, and did community service.

    I was around my friend as he was doing it. I would let him know if someone was around, but that was it. I know I'm just as guilty because of that, because I never tried to stop him. But I had no aid in actually helping him open the merchandise; that was his doing.

    We were both issued a summons for the same thing. Misdemeanor Theft of Goods (Under $500). LP, and the cop both got information from both of us.

  5. #5

    Default Re: First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    Quote Quoting HumanBeing
    View Post
    I went to court for what I did at Best Buy. I had to pay back what I stole, but I went and took a course, got a certificate of completion, and did community service.

    I was around my friend as he was doing it. I would let him know if someone was around, but that was it. I know I'm just as guilty because of that, because I never tried to stop him. But I had no aid in actually helping him open the merchandise; that was his doing.

    We were both issued a summons for the same thing. Misdemeanor Theft of Goods (Under $500). LP, and the cop both got information from both of us.
    From what you wrote you acted as an accomplice and were appropriately charged. You aided him in the theft of goods by acting as a lookout.

  6. #6
    Join Date
    Dec 2010
    Posts
    105

    Default Re: First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    You still have not really answered my questions. This makes it difficult to give meaningful help. Garbage in. Garbage out. I will do the best I can based on your vague statements. I am an attorney, but I am not licensed in Louisiana. Do not take this as creating an attorney-client relationship. Here is my opinion.

    It is still not clear whether you have a record of a conviction from the Best Buy incident. From what I can find on the Internet, pretrial diversion or deferred sentencing programs are not generally available in Louisiana to adults. So, unless the Best Buy incident was a juvenile matter, it probably counts as a conviction and a prior offense. This is likely to increase punishment for the second crime. In any event, even if diversion is available in Louisiana to adults, it probably would not be available on a second offense.

    Louisiana has harsh shoplifting penalties. For theft of over $300 but less than $500, a sentence of two years in prison and a $2,000 fine can be imposed. If it was less than $300, the maximum sentence is 6 months in jail and a $1,000 fine. These are maximums. However, second offenders do not get off as easily as first timers. No one can say what the precise punishment will likely be without knowing the local practice in the area where you have been charged.

    As you say from your post, you are guilty as an accomplice, however, that was not what I asked about. I asked if you confessed when caught. This is important because in order to convict you the prosecution has to prove beyond a reasonable doubt that you aided and abetted the crime. If you confessed, that is easy. If not, then a conviction may be more difficult. I am not saying impossible. A lot may depend on testimony of loss prevention personnel and surveillance video. Still, merely being in the company of someone who is shoplifting is not in and of itself conclusive proof that you committed a crime. If you did not seal your conviction with a confession, you have a lot more negotiating room in trying to strike a deal with the prosecution.

    What you need to do is consult a lawyer as soon as possible. If you cannot afford one, ask the court to appoint a lawyer for you. That is not free because there is usually a payback obligation, but that should be the least of your worries right now. If you have to enter a plea before a lawyer is appointed, plead “not guilty”.

    You will probably receive a civil demand letter in the mail from the store saying that you owe it several hundred dollars. This is separate from the criminal proceeding. Ask your lawyer about that, but you should probably pay it.

    You probably received a store ban from WalMart, telling you not to go to that store and perhaps other stores in the chain. Respect that. If you violate it you can be arrested for criminal trespass and easily convicted.

    If you confessed, or if you get convicted on this, your name goes into a retail theft database. This will make it difficult to get many retail jobs for at least seven years.

    That is all I can say based on the limited information you provided.

  7. #7
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: First Misdemeanor Theft Off Record; Got Misdemeanor Theft of Goods (Under $500)

    It sounds like the 1st charge was dismissed via a diversion program which is not gonna be offered again and chances are the da will see the old charge. It will probable show the charge and that it was dismissed.

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