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  1. #1
    Join Date
    Dec 2012
    Posts
    1

    Default Advice on Court Date for Second Shoplifting Charge (Misdemeanor Citation)

    My question involves criminal law for the state of: Tennessee

    In January 2012, I was caught shoplifting for the first time at a grocery store (~$35 of food), and received a misdemeanor citation. I went to court, pleaded guilty, completed 40 hours of community service, and the charges were dismissed. I did not hire a lawyer, and I was able to have my record expunged after the case was dismissed.

    About a week ago (December 2012), I was caught shoplifting for the second time at a large department store (~$400 of clothing) after hiding merchandise in my bag in a fitting room. I also had merchandise from another department store in my bag (~$60 of clothing) and was therefore given 2 misdemeanor citations.

    I am a student in my 20's and was not stealing these items to sell (I am not a professional shoplifter). Aside from these offenses, my record is clean. I made a poor impulsive decision and want to know how I should best handle this situation. I have a court date in early January.

    Questions:
    1. What are the likely outcomes of this if I plead guilty? Prison time? More community service? Probation?
    2. Should I hire a lawyer, and how might it help? I did not hire one for my first misdemeanor.
    3. Is it possible to have these most recent misdemeanors expunged once I meet the requirements, or will they remain on my permanent record?

    Any advice would be appreciated.

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

    Default Re: Advice on Court Date for Second Shoplifting Charge (Misdemeanor Citation)

    What difference do you think it makes that you are not a "professional" shoplifter. Society and the store is injured by your persistent thievery (I suspect this is only the third time you've been CAUGHT, not the third time you stole).

    Almost certainly the fact that you received a deferral will count against you. Sentencing will be based on the fact that you have now two second offenses. You're lucky this was charged as a misdemeanor, you're right on the threshold of this being elevated to a felony.

    You NEED a lawyer. You were lucky the first time that the court felt charitable to someone who made a mistake. They will not be so inclined this time. You learned nothing from their charity. The maximum penalties are $2500 and a year in jail on each count. Most likely you will get probation which is not the walk in the park your previous case was. Most likely you'll spend two years of being supervised (this will cost you money as well). Got help you if you step out of line, they can put you in jail if they do.

    You shouldn't even be thinking expungement at this point. This is the cart before the horse. Your lawyer should be looking at defending or mitigating your sanctions now (though with a prior, you're out of the default mitigation category and into standard sentencing). Expunction isn't even going to be considered until FIVE YEARS after you finish your probation. Further, any other convictions for ANYTHING in Tennessee or elsewhere will disqualify you from such relief.

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

    Default Re: Advice on Court Date for Second Shoplifting Charge (Misdemeanor Citation)

    As flyingron said....this is not your third time stealing, but your third time being caught. Note that in court - the $400+ will be noted by the prosecutor and judge as an action by a HABITUAL thief.

    Aside from the probation, etc., the flyingron mentioned, you may be ordered to attend an Anti-Shoplifting class (which you will pay for).

    Also, the stores will be sending Civil Demand letters that you need to pay.

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