Shoplifting Using Barcode Stickers

[singletrack970]

My question involves criminal law for the state of: Colorado.

Well, I messed up. I was arrested at a Sportsman's warehouse in Mesa county and issued a shoplifting ticket. Value was $340 and this is my first offense. I was arrested because a plainclothes employee claimed to have spotted me placing a homemade barcode on a package. I was pulled into a backroom and as the employee was emptying my pockets he found another 2 barcodes in different sizes that matched the one placed on the item. I have read related threads here and around Google and I only have two questions. What are the qualifications for a diversion program in Mesa county? The DA website did not give any details but called it a "Juvenile Diversion Program," that makes me nervous. I'm 24 and I'm a college student who would like a job after graduation. My second question is will having barcodes in my possession affect me at all? I am aware the DA could use this to argue premeditation if it can apply to theft like it does with murder cases. Goes without saying but I am very nervous about Sportsman's taking civil action as well.

[PandorasBox]

Juvenile diversion program means....you're 24 so you won't qualify.

You want a job after college? Better be prepared to not have that happen. If your career field deals with money or valuables, you just screwed the pooch. Take a look on CraigsList for your career field and see how many have these words: "must be able to pass criminal background check".

Civil Action? You can guarantee you will be getting a letter from the stores lawyers to compensate them for their time and effort in busting you. This is separate from the criminal case, where you will have fines and court costs. Yes, the barcodes and the $340 value will be considered by the judge. $340 is not first time shoplifting, it is first time being caught shoplifting. Barcodes = you planned to deprive the store of merchandise's full value, and the DA Will consider that when pressing the charges.

You need a Criminal Defense Attorney to minimize the damage.

[singletrack970]

I spoke unofficially with a public defender this morning. I was told the diversion program was not necessarily for minors only, good news. Does anyone have experience with this sort of case in mesa county? The PD would not give me any information as to what the typical outcome of cases like mine has been in the past. I also spoke with a local law firm and am taking advantage of my free consultation. They asked specifically if I was worried about this affectingmy employment but I am not sure why they want this information. Is there any other action I should be taking before my arraignment?

Thanks for the reply Pandora, although I do not like what you told me. I am aware I screwed the pooch and do not want this to follow me forever. Should have thought about that last night, huh? This is my first offense I have no other arrests ever in any state.

Ps. After I was told Sportsmans may peruse restitution I asked for a contact in their office that handles th civil cases. Should I be in touch with them or should I wait for them to contact me?

[souperdave]

It's a complicated "first offense" due to the fact that your offense is one that you took time to plan out and (unsuccessfully) execute. Switching, and making your own, barcodes typically is not the activity of a first-timer. If you're lucky your charge will not be ammended to retail fraud.

I would expect that any sorta diversion program will not be afforded to you due to the nature of your offense. You did not commit a simple shoplift.

Additionally, you join a long list of posters who have not been told what they wanna hear, but have actually been provided factual responses to what fits the nature of the offense. First offense or not, you committed an offense that will most likely stick with you for many years to come. Hindsight really sucks sometimes, don't it.

[singletrack970]

I have just spoken with Sportsman's civil collections coordinator, and will be receiving a bill for damages totaling $250. I intend to pay before my court date and she told me she would be willing to send me a letter stating that I have handled the civil side of the case and Sportsman's recommends a diversion program. Hopefully this helps me out. In the word of Johnny Cash, I ain't cut out to be no Jesse James.

[bam!]

That's nice. Except its the DA that recommends sentencing. Then the judge either agrees to what the DA recommends or imposes his own sentence.

The judge is not bound by what the DA recommends. Your best bet is for your attorney to get them to amend the charge and NOT read the offense you committed. Keep in mind a professional LP program, which it appears Sportsmans has, will have more than enough evidence to convict. Cut a plea and pray the judge has a good day.