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  1. #1

    Default Will I Be Prosecuted or Go to Jail for Stealing

    My question involves criminal law for the state of: Virginia

    I'm 22 years old and I shoplifted at WalMart (item was around 15 bucks). A detective came to my house and asked me questions about what car I drove and he even took a picture of my drivers license. I asked him what will happen next and he said it was out of his hands and that he has to then turn all the information back over to Walmart. Will I be prosecuted? Jail time?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Will I Be Prosecuted or Go to Jail for Stealing

    If I could see the future I'd be out making a fortune instead of spending my time here.

    Prosecution is certainly possible.

    Jail? Probably not.

    Even a misdemeanor gets you a criminal record.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will I Be Prosecuted or Go to Jail for Stealing

    A detective from what organization?

    If the police are involved, you're likely to be prosecuted. The police don't give the discretion to the merchant after it's been reported, perhaps he was saying he was giving your information to WalMart (expect a civil demand from their "lawyers").

    You can expect to get a summons to General District Court. The way this typically works that if this is your first run in with the law you will be offered a chance to meet with the representatives of the diversion program. If you qualify, your case will be continued until you finish that (community service, classes). If you complete the diversion, your charges will be dismissed. It would behoove you to make sure the court gets notice of the completion.

    If you are not eligible for the diversion, you should get a lawyer. Unless the Commonwealth is willing to waive jail time, if you are indigent, ask the judge and he will send you to the PD office to see if you qualify. If you qualify your case will be continued until the PD can deal with it. If you don't qualify, I'd recommend asking for a continuance to obtain counsel. It would behoove you to have such when you return.

    Jail time is unlikely, but misdemeanor convictions are FOREVER in Virginia. Further, this is a crime of moral turpitude. As one of our local GDC judges states, he'd rather have a junky than a thief. Junkies can be rehabilitated.

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