Results 1 to 3 of 3
  1. #1

    Default Arrested and Detained in Jail for Shoplifting

    My question involves criminal law for the state of: Texas

    Saturday night 1/28 I was arrested for shoplifting two items of clothing totaling about $90 from Kohls. It is my first offense, have only had a parking ticket in the past. I'm 23, female, and this is my last semester in college. I'm getting a double degree, have an internship to do as part of my degree this summer, I have a job and am involved in extracurricular activities. Needless to say, this is the most deplorable and just stupid thing I've ever done.

    I was arrested, taken to a local police department, and then taken to a magistrate/holding cell/jail/detention center in San Antonio for 6 hours. I am a permanent resident.

    On Feb. 1st I have to go and pay for my $25 PR bond which was originally out of an $800 bond. In March, I have a court date. I've been assigned a court-appointed lawyer.

    Here are my questions:

    1. My main issue is that this CANNOT be on my record. I will be applying for jobs very soon, in an information technology industry that exists in the government and private sector. I want to work towards this being expunged- will this be possible and in how much time might I be able to apply for jobs and legally say I have no criminal record? Will the court appointed lawyer be able to help me or should I invest in my own lawyer, and what kind? I understand that I will be paying consequences for this, but it has to go away as I cannot have this on my head for the rest of my life. I am willing to do ANYTHING.

    2. How long might I be on probation for? How long will I be doing community service for? Is it POSSIBLE for this to get expunged from my record?

    3. I was extremely cooperative with all officers and people during my arrest.- How long will I be paying for this? Will the judge be sympathetic to my being in college, having a job, about to graduate, and being willing to do what it takes to make up for this crime?

    4. I've never been to court- what will it be like? How much am I looking to pay?

    5. Will my permanent residency come into play? I am from an English speaking European country and have lived here since 1997.

    If anyone can answer any of these questions, I would be SO grateful. I am completely alone doing this.

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

    Default Re: Arrested and Detained in Jail for Shoplifting

    1. My main issue is that this CANNOT be on my record. I will be applying for jobs very soon, in an information technology industry that exists in the government and private sector. I want to work towards this being expunged- will this be possible and in how much time might I be able to apply for jobs and legally say I have no criminal record? Will the court appointed lawyer be able to help me or should I invest in my own lawyer, and what kind? I understand that I will be paying consequences for this, but it has to go away as I cannot have this on my head for the rest of my life. I am willing to do ANYTHING.

    You can only get a Court Appointed Lawyer if you are indigent. You are better off getting a Criminal Defense Lawyer in your area. Guess what? Expungment doesn't happen automatically, usually YEARS after the incident. You can talk to a local attorney about a Diversion Program or First Time Offenders program - however, these are not available everywhere. The best time to have thought of not having a criminal record was before you shoplifted. And yes, value of the item(s) will be taken into consideration. Most people start off small, not $90.



    2. How long might I be on probation for? How long will I be doing community service for? Is it POSSIBLE for this to get expunged from my record? That we can;t tell you - it varies between jurisdications. Again, expungement (if the state allows it, takes many years - Michigan for example, takes 5). Also, you may be in the National Retail Theft Database that some stores participate in - and that is for 7 years.

    3. I was extremely cooperative with all officers and people during my arrest.- How long will I be paying for this? Will the judge be sympathetic to my being in college, having a job, about to graduate, and being willing to do what it takes to make up for this crime? You'll be paying for it for years. The judge does not care you about about to graduate, have a job, etc., He/She cares that you are in college and smart enough to know you committed a crime. Leave the GPA out of it.

    4. I've never been to court- what will it be like? How much am I looking to pay?
    Shoplifting is expensive. Ever seen that sign in WalMart's bathrooms that says it can cost you THOUSANDS of dollars? They do not kid around. A lawyer alone is going to cost you atleast $750+. Court costs and fines. Any community service, diversion program will cost $400+ each. And don't forget the Civil Demand you will be receiving in the mail from Kohl's/Their lawyers.

    5. Will my permanent residency come into play? I am from an English speaking European country and have lived here since 1997. You would need to ask an Immigration attorney about that. It may affect you visiting another country.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Arrested and Detained in Jail for Shoplifting

    Quote Quoting collegestudentsenior
    View Post
    1. My main issue is that this CANNOT be on my record. I will be applying for jobs very soon, in an information technology industry that exists in the government and private sector. I want to work towards this being expunged- will this be possible and in how much time might I be able to apply for jobs and legally say I have no criminal record? Will the court appointed lawyer be able to help me or should I invest in my own lawyer, and what kind? I understand that I will be paying consequences for this, but it has to go away as I cannot have this on my head for the rest of my life. I am willing to do ANYTHING.
    The time for "not having it on your record" was before you committed the crime. If you are convicted there is no expunction option. It will be years before any action is possible on your record. If your lawyer isn't able to get the charges dismissed (unlikely) your best bet would be deferred adjudication. It will still be a period of time before you can expunge that.
    2. How long might I be on probation for? How long will I be doing community service for? Is it POSSIBLE for this to get expunged from my record?
    Depends on the judge and what charge was brought. I suspect it will be something like six months.
    3. I was extremely cooperative with all officers and people during my arrest.- How long will I be paying for this? Will the judge be sympathetic to my being in college, having a job, about to graduate, and being willing to do what it takes to make up for this crime?
    Don't count on any relief any time soon. And you will be paying. You'll be getting a bill from Kohl's "lawyers" demanding civil restitution. You'll pay court costs and costs for your probation. You'll also be paying back that court appointed attorney if you're not truly indigent. Public defenders are for those who can not afford attorneys, not for those who merely are unwilling to pay for private counsel.
    4. I've never been to court- what will it be like? How much am I looking to pay?
    Generally pretty boring, lots of waiting and then your case will go fast. You're looking at several thousands of dollars.
    5. Will my permanent residency come into play? I am from an English speaking European country and have lived here since 1997.
    You want points for speaking English? Even in Texas that's not much of a help. How long have you had your green card? Hopefully it's been longer than five years, for if it is less you are almost certainly going to be facing removal proceedings for your crime of moral turpitude.
    If anyone can answer any of these questions, I would be SO grateful. I am completely alone doing this.

    1. Sponsored Links
       

Similar Threads

  1. Ex Arrested but Out of Jail. Now What
    By ScaredMommy2001 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 05-15-2011, 09:55 PM
  2. Retail Fraud / Shoplifting: Detained for Shoplifting
    By organ69 in forum Criminal Charges
    Replies: 1
    Last Post: 05-21-2010, 04:47 AM
  3. Retail Fraud / Shoplifting: Detained for Shoplifting
    By jetta20 in forum Criminal Charges
    Replies: 4
    Last Post: 12-22-2008, 11:03 AM
  4. Retail Fraud / Shoplifting: Followed But Not Arrested or Detained
    By anonymousss in forum Criminal Charges
    Replies: 3
    Last Post: 10-18-2007, 10:10 PM
  5. Retail Fraud / Shoplifting: Detained for shoplifting but not arrested
    By see in forum Criminal Charges
    Replies: 9
    Last Post: 12-22-2005, 06:00 PM
 
 
Sponsored Links

Legal Help, Information and Resources