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  1. #1
    Join Date
    Oct 2013
    Location
    Rawlings, MD
    Posts
    1

    Exclamation Petty Theft Charge in Virginia

    My question involves criminal law for the state of: Virginia

    In July of 2013 I was caught shoplifting at Food City in Chilhowie, Virginia at this location: 145 W Lee Hwy Chilhowie, VA 24319 in Smyth County, VA. They caught me stealing Coricidin cold medicine and chocolate milk, and I think one more small item. The total of the items I shoplifted was roughly $12.00 total at a maximum, I'm pretty sure it was less than that even. I was taken back to their office and treated very poorly, the security officer that caught me said "Thanks alot for wasting my time, I was getting ready to get off work in 5 minutes, now I have to sit here with you until I decide whether or not you seem criminal enough to call the police. Since you are from Maryland (thats where I live and whats on my license) I dont know you from the man on the moon, you could be a mass murderer for all I know, so I am going to have to call the police." He then called the cops and they showed up about 10 mins later. The officer that reported was very nice, he gave the officer all of my info and the total of how much I shoplifted and the items I took, and gave the cop my license. Then the officer took me outside to the cop car to finish processing my ticket. He was very nice to me and I admitted to him that I did take the items and apologized for doing so. I told him I'd never done something like that before and explained to him that I didnt have any money and that I needed medicine for my cold and something to drink to take with it. He told me he appreciated my honesty, and my patience with the security guard/officer that was treating me so poorly in the store and apologized that I was treated that way. He then explained to me that he was gonna let me go with just a ticket since he ran my info and saw that I have never been charged before with anything. He explained to me that on the ticket it stated I can call and pay the fine and plead guilty so I dont have to appear in court. There was a place on the ticked where it was checked off that I DO NOT have to appear in court if I plead guilty and payed the ticket. I called to get an extension on the ticket and had no such luck contacting anyone to do so. I was staying with my ex in Virginia back when I got the charge so the officer took that address down in my info also. He also kept my license by mistake and had to mail it to my exes in Damascus, VA. I was not living there though, only staying there for a short time. A couple months later instead of sending any letters or info to my address in Maryland where I reside, they sent a cop to my exes in Damascus, VA looking for me for missing court dates trying to issue me a warrant for my arrest. My ex left me a yahoo messenger message telling me this like a week later. I immediately called Smyth County Courthouse and they referred me to call the Sheriff's office, so I then called the Sheriffs office immediately and gave them my name and Social and they looked me up and the lady I spoke with informed me that the courthouse sent me 2 letters to my ex's house in Damascus, VA (not to my residence in Maryland that's on my ID) telling me in the 1st letter of my missed court date and the new scheduled court date, the second letter stated I missed that court date and gave me another rescheduled court date and time. Then the 3rd thing was the cops showing up at my ex's to arrest me with a warrant for missing court dates for the shoplifting charge. My ex is lying to me saying they never sent any letters to the house in Damascus and that they only came there looking for me. He says no letters were ever sent there from Smyth County Courts. I was not informed that I even had to go to court, I was informed the opposite and it was even on my copy of the ticket that I did not have to appear in court if plead guilty, which I was going to do and pay fine. My main problem is I have no car to get to Smyth County to the Sheriff's Office where I am told I have to go and turn myself in, and possibly get a new court date and go from there. I have no ride either and I do have a warrant for my arrest still in Virginia. I live 5 hours away. They said the longer I wait the worse it will get, and depending on the judges mood that day whether I go to jail or just pay the fine and be released that day with a misdemeanor. I am petrified that I am going to go to jail for all of this, and I have no money for a lawyer. I need legal advice asap. I feel like my life is over and I am afraid to even leave the house sometimes. I am wondering these following things:

    My main concerns are:
    1) How much is a typical fine for a misdemeanor charge of petty theft in VA? I have read that it can be up to $2500, but that is the maximum. And how much would it be since my total was less than $12 in stolen merchandise?
    2) Is jail time likely, especially since I now have a warrant for court dates I missed even though the 2 letters were sent to the wrong address (NOT MY RESIDENCE ON MY ID) and the police came looking for me at the wrong residence?
    3) Eventually is there anyway to go through a diversion program or have this expunged from my record? (I cannot afford a lawyer, nor can I get there to appear in court.)
    4) Will the impact of a shoplifting charge diminish over the years if once I get there to appear at sherrif office and go to court if I get away with just paying a fine and misdem. charge and get to go home that day?
    5) Until I can get to Smyth County Sherr Office would the VA police come to my home in Maryland to arrest me?
    6) Do you feel that I will be arrested immediately that day that I appear to Sheriff's office; instead of even being given a chance to plead guilty in court to a judge and ask to pay the fine in full and go home? (I want to just see a judge, explain everything I just typed to you, apologize for my wrong doing, and pay the fine in full that day and ask to be charged and go home that day.)

    Please someone let me know their opinions soon. Thank you for your time.

    H.P.

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

    Default Re: Petty Theft Charge in Virginia

    The value of what you stole (until it elevates to grand larceny) has ZIPPO to do with your fine in Virginia. The fine probably won't be very high but the costs can be as much as the fine.

    Jail time is unlikely as a punishment for first time petty theft, but the fact that you have some warrants pending for the FTA. Hopefully if you have a new court date, those have been flushed.

    Eventually, is ****NOT**** when you go through diversion. Once trial starts, there's no possibility. EVER EVER to get diverted or expunged. Virginia does not have expunction of convictions. You will have a lifetime criminal records.

    What you want to do is ATTEND YOUR COURT DATE. If you are summonsed to the General District Court there, and you haven't already screwed it up through your foolishness, you will be interviewed for the diversion before your trial starts. If you qualify then your case will be continued until you can comply with the diversion: shoplifting class, etc... If you successfully complete this your charge will be dismissed without a conviction being entered. Note, it's not technically required to appear at your continued court date, but it behooves you to do so (or otherwise verify with the court that they have records of all your completions so you can get the dismissal).

    The Virginia police could come and get you if you have a warrant, but they could also ask the local police where you live to go pick you up and lock you up in jail until they get around to retrieving you.

    Number 6 makes no sense. If you're charged, you're already "arrested." You don't get to go make excuses for your behavior before trial, nor do you have the option of "just paying a fine and going away." This is not some minor traffic offense. You are charged with a serious misdemeanor.

    Here's what you do:

    Make sure you understand when your court date is. Call the court and make sure they have your CORRECT contact information. Call them just before your trial date and confirm you are on the docket (and take note of any reschedule).

    Show up in court. Dress like you would for church (or better). When they start asking about those who want diversion, stand up or otherwise do as instructed. If you are called by name ask for diversion (each court handles this slightly differently). If you are called for your trial without being offered a diversion, ask then if you can get it. If the judge will not allow it, ask for a continuance to obtain a lawyer. If you ar indigent, ask about the public defender. Unless the commonwealth's attorney is willing to waive jail time, you will then be sent to interview with the PD office to see if you qualify. If you do, your case will be continued until you can meet with him. If you don't qualify for the PD, you still can ask for a continuance to find a private attorney. If you do this, it would behoove you to have one when you return.

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