Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13

Hybrid View

  1. #1
    Join Date
    Oct 2013
    Posts
    4

    Default Lied About My Identity After Getting Caught Shoplifting

    My question involves criminal law for the state of: Virginia
    Recently I shoplifted from Walmart. The total cost of merchandise was $66. This lady saw me putting something in my bag. After I bought something I was on my way out to leave the store but a guy and lady stopped me and asked me to return their things and I can be on my way. This was my first time ever stealing and I was embarrassed, ashamed, and scared. They took me to this back room and asked me to remove the things I took. Then she asked for my information. I was scared and thought if I returned the stuff she would let me go but she didn't. I gave her a false name and a false SSN. The officer then came in and I was so scared to say I lied I gave him the wrong information too. I went back up to Walmart a couple days later to give my real information but all the lady said was she will take both names to court to determine who I really am. I have to go to court Friday, October 18th. I'm scared and wonder what will happen to me. Will I get jail time? Have to pay for an attorney? It's my first offense I'm 19 and have no job at the time. Please help my nerves have been bad ever since and I would like to hear any answers.

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

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    It varies a little from court to court in Virginia, but in general the GDC's have a diversion for first time shoplifters.

    What will happen is that you show up in court on the date of your offense. Leave any children at home. Leave your cellphone (and any weapons) in your car (or home). The judge will call the shoplifting (and often at the same time some drug cases) and send you out to speak with the person who runs the diversion program. If you are accepted into the diversion, you'll complete a shoplifiting class and have to do some community service (25 hours). You complete this program and the charge is dropped. While it's not necessary to return to court on your deferred court date, it would behoove you to appear (or check with the court) to make sure they have all they need to show you successfully completed it.

    If you do NOT qualify for the diversion, I recommend you have a lawyer before you go further. If you ask for a continuance to get a lawyer, you will be granted one. It would behoove you to have one when your next date comes up. If you can not afford a lawyer, you will be referred to the public defenders office to see if you qualify and if you do, your case will also be continued.

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

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    Please note that lying about your name and SSN to both the store LP and a cop is NOT gonna look good.

    I would recommend a consultation with a lawyer BEFORE your first court date (arraignment).

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    Quote Quoting PandorasBox
    View Post
    I would recommend a consultation with a lawyer BEFORE your first court date (arraignment).
    If he was only charged with petty theft or another misdemeanor the first appearance isn't an arraignment. A magistrate will issue bond if you are in custody, otherwise more likely (as in this case) you'll just be handed a summons. Your first appearance will be your actual trial in general district court (or JDR court if you're a minor).

  5. #5
    Join Date
    Oct 2013
    Posts
    4

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    Okay, so my court date is this Friday I was told the judge would not ask me if I pled guilty or not guilty instead he would ask did I want an attorney present. Explain that I cannot afford one and qualify for a appointed attorney. Will they send me to jail for giving the wrong information? What if I can't get or see a lawyer before Friday? If I pled guilty Friday what would happen?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    GDC judges are generally extremely lenient with dealing with defendents who are otherwise polite. They won't send you to jail for giving the wrong information. The only way you're going to jail on this appearance is to say "I did it. I'm guilty" and then do something further to piss off the judge to raise this to the level of sending you to jail for a few days.

    As stated, you are likely to be offered diversion... if so TAKE IT. If not, and you are indigent and can't afford the laywer, just say "I would like a lawyer." As I stated, they will send you off to the fill out the PD form and continue your case (your PD will most likely get you back on the schedule to suit HIS schedule. You're assumed to have no more important thing to do but show up for your trial).

    Which county were you arrested in?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    You are so screwed..... If you are indigent, request the court appoint you a PD, since the potential exists you might be taken into custody. Here is a link of the proof you should take to court to enable you to substantiate PD qualification.
    http://leg1.state.va.us/cgi-bin/legp...0+cod+19.2-159
    § 19.2-82.1. Giving false identity to law-enforcement officer; penalty.

    Any person who falsely identifies himself to a law-enforcement officer with the intent to deceive the law-enforcement officer as to his real identity after having been lawfully detained and after being requested to identify himself by a law-enforcement officer, is guilty of a Class 1 misdemeanor.
    § 18.2-11. Punishment for conviction of misdemeanor.

    The authorized punishments for conviction of a misdemeanor are:

    (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    He is NOT screwed and he doesn't need to take any proof to court. Getting PD is pro forma. If you attempt to go to trial without some sort of attroney, the judge will caution you to get one and suggest a PD if you can't afford it. As stated in my other cases, unless he has an adult criminal record he has omitted telling us about, he is NOT EVEN GOING TO GET THAT FAR. Take the DIVERSION.

    I am in three different Northern Virginia GDC and JDR courts on a periodic basis.

  9. #9
    Join Date
    Oct 2013
    Posts
    4

    Default Re: What Will Happen for Shoplifting from Walmart and Fraud

    I was not arrested and I do not have anything on my record! This is my first offense. This happened in Norfolk, VA.

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Lied About My Identity After Getting Caught Shoplifting

    You are missing the point. You created another larger crime, when you lied to the police. Unlike Ron, I doubt they will give you a pass on the lie. If they do it would become common knowledge everyone could lie to the police in a store theft and walk away from it.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Obstruction of Justice: Lied to The Police About My Name When Arrested - Will I Get Caught
    By texascolo in forum Criminal Charges
    Replies: 3
    Last Post: 07-31-2012, 01:15 PM
  2. Obstruction of Justice: Caught With Stolen Property, Lied to the Police
    By trynachahgeinohio in forum Criminal Charges
    Replies: 2
    Last Post: 09-20-2011, 06:22 AM
  3. Retail Fraud / Shoplifting: Juvenile Shop Lift and Lied About Identity. Court in 2 Weeks
    By chris123 in forum Criminal Charges
    Replies: 1
    Last Post: 12-29-2009, 09:20 PM
  4. Defamation: Minor Caught Stealing at a Retail Store and Lied to Security when Asked for Per. Info
    By filipnino93 in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 04-18-2009, 05:30 PM
  5. Retail Fraud / Shoplifting: Caught Shoplifting and Lied About Identity in NYC
    By Ferret in forum Criminal Charges
    Replies: 4
    Last Post: 06-04-2007, 06:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources