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  1. #1

    Default First Time Shoplifting, Gross Misdemeanor

    My question involves criminal law for the state of: Minnesota.
    Hi there, I really need some advice. I am terrified and ashamed to admit this but I am 7 months pregnant and made a very bad choice to shoplift kohls. I attempted to steal
    $525 worth of items. It is my first offense and I honestly cannot explain what possessed me to do it! My husband
    Couldn't believe it and was very confused since that is so out pf character for me. I'm the person who will return a $20 bill to someone who drops it and*I would NEVER take anything from someone's home or my work or anything like that. I am a good person that made a very bad mistake! There's no excuse for my actions and I could blame it on hormones or the fact that I needed excitement but bottom line what I did was wrong. My question is, I was extremely honest and forthcoming with the arresting officer and store detective. I fully cooperated and admitted everything. I could have paid for all the items and offered! That wasn't accepted*however. The police officer who arrested me was very kind and took me to his office instead of to*the county jail. He didn't even cuff me even though it was an arrest. I was charged with a gross misdemeanor and was told I will recieve a court summons in the mail and sent home. What happens now! I am TERRIFIED of going to jail for this and I know I potentially could! Will I? Is there*a class I can take or a way to get this dismissed? Also what can I do to be proactive? I don't want any more sleepless nights waiting for the summons. But the officer told me i have to wait for it and then will know my charges! I am fully guilty and made that clear to him.*Should I hire an attorney? Can an attorney even do anything before I receive the summons? We can't really afford that with baby on the way but will if it's necessary. When should I do something? I've never been in this situation and have no idea how it works. I'm grateful i was caught to ensure I NEVER DO IT AGAIN, but I am terrified of my consequences and what it will do to my growing family. Can anyone shed some light on this or me? Thank you thank you. (also, do these things land in the local paper? I live in a suburb of a major city)

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: First Time Shoplifting Gross Misdemeanor

    You need a lawyer. Never take advice from a cop no matter how friendly he is.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: First Time Shoplifting Gross Misdemeanor

    You need a Criminal Defense Lawyer. Punishment can vary by county because of different judges and prosecutors....a local lawyer will know more of what your options are, your record is, etc.

    Hormones won't be an excuse in court. The court will take the value of items into consideration, and $525 is not typical of a first-time shoplifter (more a "first time caught").

    You will get a letter in the mail from the stores lawyers. Expect it to be a LOT more than $525. That is part of the damage you have cost the store. Along with all the time LP spent with you.

    I would not expect jail. But do expect to spend thousands of dollars in court costs and fines, civil demand, lawyer.....

    $525 in theft being dismissed....um....the same day that Frosty The Snowman does not melt in 100 degree heat and Ice Melt poured all over him... There are anti-shoplifting classes (you pay) and some places have Shoplifters Anonymous.

    Also - you are banned from all Kohl's stores. Don't even try to enter one anyplace, or you can be charged with Criminal Trespass.

    "I could have paid for all the items and offered! That wasn't accepted*however." Don't even try this as a defense. You only offered to pay for the items AFTER being detained for theft.

  4. #4

    Default Re: First Time Shoplifting Gross Misdemeanor

    I appreciate the advice! Not feeling much better about it, seems I need an attorney. It is the first time I have been caught, I did it once before and it seemed so easy and I liked the thrill. Had nothing to do
    With not being able to afford it. An I told the cop all that. Does that make me an idiot for revealing that??

  5. #5
    Join Date
    May 2012
    Posts
    29

    Default Re: First Time Shoplifting Gross Misdemeanor

    I am in the same situation as you! Same store! Ahhhhhh! This happened in April and I finally go to court tomorrow! I need to get this behind me! Boy I have to say it does suck in the beginning but it does get better as time goes by. Yes do get a lawyer! I think what is bothering me the most is not being able to go back in the store, but oh we'll, that's what I get!

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

    Default Re: First Time Shoplifting Gross Misdemeanor

    I was once in both your boats, ok? People here helped me...I have volunteered since there...

    Wait 6 months to a year AFTER your case is done. I wrote Corporate, expressed my remorse, and asked permission to shop in their store again. Got a letter (which I kept on me) with approval.

    - - - Updated - - -

    You admitted to the cop you did it once before?

    Not gonna be good in court if he testifies. You need to be on yellowpages.com NOW looking up lawyers. And get up first thing in the morning and be calling around.

    And like I said before....$525 is not first time (or even second time)....you've been shoplifting a lot more than you want to admit to even yourself or your husband.

  7. #7

    Default Re: First Time Shoplifting Gross Misdemeanor

    I've been lawyer shopping all morning, not sure what I can afford. You have an uncanny way of having me figured out. Unfortunately what you say IS true. I hate it, but it is. Like I said a part of me was happy to be caught because I know I will never do that again. So it sounds like I should have kept my mouth shut with the cop. My instinct was to admit everything. Also, after being caught did you stop? Final question, IF I were to go to court without a lawyer and plead guilty would that be extremely unwise and would my punishment be harsher?

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: First Time Shoplifting Gross Misdemeanor

    I only did it one time. I was living with and taking care of my grandmother. I wanted out. She was always saying if I did anything wrong, she was going to kick me out.....So I made a stupid decision.

    I only have that uncanny way of figuring you out because I've been here as a volunteer for 3 years. I've read it all by now, just as the prosecutors and judges have heard it all.

    Do not plead guilty. Plead not guilty, and if you can't afford a lawyer, ask for a public defender. I would really recommend a lawyer though as you have a more complex case by having told the cop you had stolen before, and $525 is not going to look good. A private lawyer will have more time to dedicate to your case.

    In the meantime....ask any lawyer about anti-shoplifting classes. And see if you have Shoplifters Anonymous in your area.

    Did you know that shoplifting costs retailers BILLIONS of dollars per year? And that a lot of it is passed onto the consumer, costing the average family an extra $496 per year on their legitimate purchases?

    - - - Updated - - -

    Ok, I'm bored...so I did some research.

    What you are facing:
    Up to 1 year in jail, up to $3000 in fines.

    The Civil Demand: You stole $525. The Civil Demand in MN is: Value of merchandise plus a minimum of $50, or up to 100%. So the MINIMUM will be $575, but you will not be seeing that. I would seriously budget for $2500 and be happy if it is less, it seems the majority of cases are atleast 3-5 times the amount stolen. Taking into consideration that they had to surveil you, someone has to pay for the security cameras, recording devices, LP wages and benefits, insurance in case an LP is injured on the job, all the paperwork, show up in court to testify....

  9. #9

    Default Re: First Time Shoplifting Gross Misdemeanor

    Wow awesome research. Can I ask why you don't recommend me plead guilty? There is so much against me as it is! I admitted it so I don't understand how it would benefit me to plead not guilty?? I spoke with an attorney this morning and he said it is quite possible to to get a continuance for dismissal, meaning i can attend a class and be on 'probation' as its a first offense. I have come to the conclusion that I need help and will have to pay for it but still haven't found someone. My biggest thing is not only protecting my future ( obviously) but since this has been a compulsory problem I don't want it to repeat itself. I have never done drugs or been drunk, but I wonder if the high I felt lifting those items is similar to what those under the influence feel which means I have an addiction that needs to be addressed! That's my biggest thing right now is coming out of this not only with a clean record but with no risk of going back.

    - - - Updated - - -

    Also I did look into classes and will be attending one. It looks like no one would testify if this didn't go to trial. But the only way that will happen is if I plead guilty and negotiate with the DA or prosecutor. I don't think I can do that, will. Will need an attorney for that

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: First Time Shoplifting Gross Misdemeanor

    You do need an attorney. Pleading guilty is the not a good idea because the judge has no leeway in sentencing. Pleading not guilty is your legal right, you want the state to prove their case. And since they really do not want to take it to trial, they are more likely to plea bargain with your lawyer.

    Before you hire that lawyer...talk to a few more. You'll find different answers, different prices. You're not likely to come out with clean record with such a high amount and that confession to the cop. A lesser charge maybe, I got Disturbing The Peace.

    And I'm glad you found a class.

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