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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default Pennsylvania Shoplifting at Walmart

    My question involves criminal law for the state of: Pennsylvania

    I was caught shoplifting at Walmart one day. At the door, lost prevention stopped me. I ignored them and tried to walk through them and the pushed me into the wall (I'm not screaming assault, just stating what happened). They called the police who arrived while I was still pinned to the wall. My friend who was next to me, the lost prevention personnel, and the police officer went to the back room. They lost prevention personnel emptied my bag and essentially took everything that looked remotely new, which included things I didn't steal and things that Walmart doesn't even sell. After words they said that they could have me expelled from my college and charge me with a 1st degree misdemeanor if I don't give them my other friends name who shoplifted with me. I gave them his name. The officer arrested me, but not my friend (he told him to go down to the station the next day). At the station they fingerprinted me and released me. My friend who was with me went down the next day and received a conspiracy to commit retail theft charge.

    I received paperwork in the mail in 12 days which included: fingerprint orders for the other two dates I wasn't caught (however they said they filed them before they even knew who I was), a notice to appear in court, and a civil demand from Walmart for $150.

    I have ten days to respond to the fingerprint orders and the notice to appear in court (plead guilty or not guilty). I'm five hours away from the police station since I'm home on winter break so I called a lawyer down in the county and he said I can wait until I come back from break (which would be 20 days after it says to appear). It's scaring me because it says a warrant may be issued for my arrest if I don't answer, but my lawyer insured me that I can wait and don't have to make a seperate trip.

    -- My question is can I just ignore them until I go back?

    Second set of questions:

    - The police didn't take any of the items Walmart took from my bag; doesn't this break the chain of evidence?
    - All together, I'm getting charged with three counts of retail thefts and a harrassment charge. The one count (the day the caught me), they said I stole $90 worth the stuff, but I didn't. The stuff I had in my backpack was worth $90, I had at most $40 worth the stuff.
    - I don't plan on pleading guilty, but what are the chances of jail?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Pennsylvania Shoplifting at Walmart

    Listen to your lawyer. Hopefully he's trying to get you into ARD (or if you're really lucky, you'll get it reduced to a summary offense). Usually they'll defer the fingerprinting/mugshot to your first court appearance. This is going to cost you if you go to court on the 1st degree misdemeanor. The costs are going to run you close to $2000 (over the lawyer's fee). They will let you string it out for a long time on a payment plan.

    You should expect at least THREE appearances: The preliminary hearing/preliminary arraignment, the real arraignment, and then the trial. You'll also end up meeting with a probation officer for a pre sentence investigation (usually done right after the arraignment) and then with the one actually supervising your probation (right after your trial/sentencing).

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