College Roommates Caught Shoplifting

[ktrun]

About a month ago, my roommate and I were caught shoplifting from Walmart in Pennsylvania. As we were walking out the door, loss prevention took us into the back were there were already two officers. The total of the items, collectively was $40. We were not cuffed, taken to the station, or finger printed. They said that we would receive something in the mail, although they didn't specify what. I have a few questions about what could possibly happen.

- Is it absolutely necessary for me to get a lawyer? I'm a college student, so I don't have much money. I told my parents I want to handle this myself, because it was a lapse of judgment on my part and I don't want them getting involved.

- I understand this is considered a summary offense. How will this effect my record? I have nothing prior. I did a lot of research and some people are saying that it's a crime, others are just saying it's an offense and will not not show up on background checks. Is there any way I can get rid of it if it does show up?

- I'm a social work major, and one of the cops who was talking to me told me I "might want to look into changing my major". Again, will this effect me getting a job?

- I am not a resident of PA, I'm from NJ, if this does end up on my record, does it still apply when I cross state boarders? To my knowledge, I don't think that there is such thing as a summary offense in NJ.

[flyingron]

It's not "absolutely" required, but it's not a bad idea.

A summary offense won't count as a criminal record. It won't matter on most jobs. Never take legal (or career advice) from the cops. You may have a problem getting a job in retail however. The retailers have their own records of those who steal from them. You may get some additional notoriety as most small pennsylvania towns have a pretty active readership on the police blotter.

Noe that you should start saving your pennies. Wal*Mart's "lawyers" will send you soon a demand that you pay a civil recovery of the damages that you caused them.

Criminal (and summary) records stay in the state that you are convicted in.

[davidmcbeth3]

I would not see the need for a lawyer at this point. You'll be getting a civil demand letter in the post. You may wish them to agree to a settlement agreement in which no fault is admitted. You should be able to write up such a settlement offer yourself but you not be able to w/o a lawyer -- I don't know.

[flyingron]

Shoplifters are not "cuffed, taken to the station, or fingerprinted" in Pennsylvania as a matter of course. They'll either get the summary offense ticket with a separate letter telling them to come in on their own for fingerprints and photos, or they will get a notice of the charge and a date for the preliminary hearing and preliminary arraignment (if they choose to charge it as a misdemeanor). Right now they can sit tight until one of those things happens. If they want to roll over, they can pay the summons off, get fingerprinted/mugshot, and pay whatever Civil demand Asen or whatever "lawyer" Walmart sends their case to.

If you get charged with a misdemeanor, I would definitely seek advice of a local attorney. There are still ways to avoid a criminal record, but you're unlikely to get them on your own.

[cbg]

It should be noted that many employers, particularly employers who are near a state line, routinely do criminal background checks of surrounding states. I am in MA and many employers regularly check NH and RI. When I had employees in PA, it was not unusual for us to check NJ.

[flyingron]

Commercial background checks won't show summary offenses.

[cbg]

That may be so, but as a social work major, it's not a guarantee that all background checks will be commercial ones. I just don't want the poster thinking that there's no possible way this can ever show up, and then have it come back to bite her when she applies for a job with the state.

[PandorasBox]

As for criminal records not showing up in other states....

I've filled out job applications, and the background check clearance forms...and most of the releases say "For every state you have resided in within the last 15 years, or as far back as possible" (To that effect). Same with an apartment application....

[ktrun]

update:
I received the civil demand for $150 early last week. My room mate also got the same thing. We both have the same lawyer, and he said that the court summons would come two days after the civil demand, if there is one. My room mate got one, I did not. On her court summons, it says that she is being charged for the full $40 of merchandise that was taken. My name is on the back as a witness, however, it does not say anything about me being charged. When we were caught, both the officer and LP told us we would be charged together because we "worked" together. They took all of the merchandise that was taken from both of our purses and rung them up on the same bill.

Can they charge us both for the amount of $40 if neither of us took anything equal to that amount?
Is it at all possible that I was only listed as an accomplice of some sort? (doubtful)

[flyingron]

Yes, you each can be held responsible for the full amount stolen.
An accomplice is just as guilty as the crime boss.