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  1. #1
    Join Date
    Dec 2012
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    Default Pleading Not Guilty to Shoplifting

    My question involves criminal law for the state of: Georgia.
    I have a previous record, and am still on probation for a previous shoplifting charge (pretrial diversion). I could pay off the probation literally tomorrow, if that would help my case, but I want to meet with and talk to my probationer about all this before I do. Also I'd rather work off the community service instead of converting it to fines.
    Now.
    I got arrested for shoplifting from walmart. However, I wasn't shoplifting.
    It was a rainy day, my jacket was wet. So I took it off while I was in the store, and they saw me pass the items underneath it on camera. Such is their evidence to accuse me of putting a fake UPC on the item. Along with my reciept, and the fake UPC's.

    I went and sat down at the in-store mcdonalds to eat something, and the police and security came and brought me to that little room. When I got there, I had no idea what was wrong, because I didn't pay attention to how much they rang up for (1.98 each instead of 39.98). When they informed me of what was going on, I realized that it was someone I know's doing, as he's rather verbal about his 'con's' at walmart, and informed them of this, then offered to go back and buy the item legitimately.
    A day and $725 bail later, I'm out of jail and rather confused to what I should do.

    I know I have a solid case, and probably around 30 character witnesses, as well as a rather large personal bank account for a 20-year-old. I wouldn't need to steal anyway (I got arrested because my friend was shoplifting with me at the store the first time.)
    The question is: Would pleading not guilty be an option? Or should I plead guilty and just accept whatever they're going to charge me with? Or possibly seek a pretrial diversion again? What should I do if they send me a civil demand? Is there any line for Walmart I could call, and throw money at them to make the problem go away?

    I just found a better job in another state, and I don't want to remain in this town for another 2 months to await my chance to tell them if i'm pleading not guilty or guilty, and then another two months for the actual trial.

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Pleading Not Guilty to Shoplifting

    Was this alleged "someone you know" with you at the time, handling the merchandise and giving it to you? If so, it just makes you look like an accomplice.

    Character witnesses for someone already on probation for shoplifting? Yeah right. Oh, you can also kiss the diversion goodbye. The court isn't going to buy your story any more than we do.

    Money in the bank? So what? I busted shoplifters with hundreds of dollars in their pocket stealing a $20 item.

    You got arrested because your friend was shoplifting with you? So you admit you were shoplifting or is this another "he did it, not me" excuse?

    I'd recommend pleading not guilty and getting an attorney, it is your right. If you plead guilty, you are subject to the maximum punishment under law. Seek a pretrial diversion again? You can only get one and you've blown the one you had. Pay the civil demand when it comes lest they sue you and ruin your credit score to go along with your ruined criminal history. No, you cannot call Walmart to make it go away. It is out of their hands now and in the court's.

    Don't be surprised if that better job vanishes when they find out about your criminal history. You'll also be stuck in GA unless you can get your probation transferred. It's also possible the court might decide you need some more inducement to behave and give you some jail time.

  3. #3
    Join Date
    Dec 2012
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    2

    Default Re: Pleading Not Guilty to Shoplifting

    Quote Quoting free9man
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    Was this alleged "someone you know" with you at the time, handling the merchandise and giving it to you? If so, it just makes you look like an accomplice.

    You got arrested because your friend was shoplifting with you? So you admit you were shoplifting or is this another "he did it, not me" excuse?
    He wasn't. I haven't talked to him in months, since he drained my paypal and bank account, and I filed a lawsuit against him. And it was one of those split-up-while-shopping-and-meet-at-checkout things. .-. I had no idea it was going on, but he refused to deny that I wasn't involved. Same guy, actually. Definitely not a friend any longer.

  4. #4
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    Jul 2010
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    8,006

    Default Re: Pleading Not Guilty to Shoplifting

    So if he wasn't with you, how in the 7 bloody hells did the tags just happen to get switched on the merchandise you were purchasing? Any other stories you'd like to try out on us cause that one ain't gonna fly in court.

    There's a lady in another thread that I think you should meet. Ya'll have the exact same coincidental crappy taste in friends who repeatedly cause them to steal but it's not your fault.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Pleading Not Guilty to Shoplifting

    Kiss your pre-trial diversion and probation good-bye. For that first incident, you will now face what the original punishment would have been.

    In addition to whatever sentence they give you for being a repeat offender.

    You just found another job in another state? Think again. Because you will not be passing any criminal background checks for many years. Even McDonald's won't hire you with 2 offenses.

  6. #6
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Pleading Not Guilty to Shoplifting

    It's hard to get a job but I know people with 3-4 felonies and a crap lot of misdemeanors who got jobs even thou it's nothing great. One of the people actual makes a decent income but it's hard with any conviction. If you got the money find a good lawyer and honestly explain what happened to the lawyer. See if you can get the case throw out and keep the other diversion going on. Since you got a previous theft charge they might want to toss you in county for a short time to teach you a lesson. We can only guess the truth but your prior and the fact that criminals lie, the da and judge probably gonna think this guy is guilty. A good local lawyer knows the deal and can discuss your options with you. I can't stress enough to not lie to the lawyer b.c if they get caught in the lie it can screw you up down the line. If would call a few lawyers see if they offer at least a phone consultation then pick their brains. If you 100 percent innocent then get a lawyer man and fight the case.

  7. #7
    Join Date
    Jul 2010
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    8,006

    Default Re: Pleading Not Guilty to Shoplifting

    OP still has presented no plausible explanation for how the tags got switched on merchandise he was handling and purchased, outside of a BS claim that another person who wasn't even present must have done it.

  8. #8
    Join Date
    Oct 2006
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    16,474

    Default Re: Pleading Not Guilty to Shoplifting

    Quote Quoting free9man
    View Post
    OP still has presented no plausible explanation for how the tags got switched on merchandise he was handling and purchased, outside of a BS claim that another person who wasn't even present must have done it.
    Actually, this is the part that I think is going to sink him:

    because I didn't pay attention to how much they rang up for (1.98 each instead of 39.98).
    I don't know how someone could not notice that at the register....although the fact that he sat down to eat at the in store McDonald's afterwards would tend to go in his favor.

    Dude...you need a REALLY good attorney.

  9. #9
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Pleading Not Guilty to Shoplifting

    He sat down at the McDonald's to make sure he wouldn't get busted.
    He figured if he was still technically in the store, he couldn't be accused of stealing.
    That's my theory anyway.

    See?, I don't believe everyone who says it was an accident...just some whose stories ring true.

    OP, yours certainly does not.

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