Shoplifting and Drug and Paraphernalia Ticket

[Elijah Kahl]

My question involves criminal law for the state of: Colorado

Hello. My situation is as follows:

I attempted to shoplift from a local retail store by the name of Tradesmart. The item of interest was a science fiction book worth about $16.00. Security guards took me back, told me their usual shoplifting procedure (I believe I'm going to get a letter in the mail sent from them (Tradesmart) and their lawyers for a fine of maybe $200) and I found out I accidentally (Really, I did) forgot I had my paraphernalia and a very small amount of marijuana, not even an ounce, in my chest pocket. I decided to be upfront about it and not hide it from the cops when they arrived. They charged me with a petty shoplifting charge and paraphernalia and drug possession, for a total fine of up to $405. I am a young adult and this is my first offense ever. My court date is on December 23rd. I realize the judge might not be in the happiest of moods. I have also not told my parents about this yet, being that it's around the holidays and do not want to ruin their holidays. I realize I will have to tell them at some point, but I want to get things figured out before I let my parents know of my screw up.

My questions are:

1. What is the worst possible scenario?
As far as punishments go to the maximum?

2. Do I need a lawyer?
If so, I'm in a tight spot financially as it is and can barely pay these fines alone, so I cannot afford an attorney. I understand I will have the option of a public defender and I also realize the difference in quality of their work. I would like to talk to a lawyer for free without him/her taking on my case. Any suggestions for where to go?

3. What is better? Plea Bargaining or Diversion Programs?
I realize the mistake of shoplifting as well as public possession and will not do it again (although that's what everyone says). I do not think a class would be appropriate, nor financially available for me, and prefer to just pay the fines and walk away. Would that be possible for me?

4. Is there any way I can have this expunged from my record?
I am a community college student and am currently receiving financial aid, and will not be eligible for it after this. Is there any convenient way of taking it off without doing classes or community service? I realize I'm asking a naive question, but it's worth a try.

I'm not a bad person. I'm just someone who made a bad mistake and who has learned from it and is just looking to put this behind myself without any hassle.

Thank you for any input/response

[Disagreeable]

Stop buying drugs. Use the money to pay for a lawyer.

[PTPD22]

Well, since I believe that Colorado has legalized recreational marijuana use, I presume you were charged because you are under 18 and, therefore, not a “young adult.” So, your parents are going to have to find out as they will have to appear with you in court. They will also have to participate in retaining council for you, whether a PD or private attorney.

As for the rest of your questions, the answers depend on so many variables that no real answer can be given, especially as this will be adjudicated in juvenile court.

And, yes, everyone does make the same claims of repentance you have made…after they get caught. But, just to clarify, you did not “make a mistake.” A mistake is forgetting to carry the one when balancing your checkbook or inadvertently skipping an ingredient in the recipe book and ruining the casserole. What you did (regarding both the shoplifting AND the weed) may be described as an error of judgment, a bad decision, etc. But, it was a deliberate and intentional crime, not a mistake. Your offenses are certainly not heinous, evil, or even uncommon, but you knew they were against the law – you rolled the dice and took your chances. So, there is not much chance that you will be able to “put this behind myself without any hassle.” The hassle is not likely to be overly onerous, but hassle there will be – if there was no “hassle” involved with getting caught breaking the law, there would be no reason for anyone to ever obey the law.

[Elijah Kahl]

I'm actually 20 years old.

I don't exactly know what "retaining counsel" means exactly. Could you please explain?
Basically, what are my options to mitigate the costs and the possible programs that go into it?

Thanks again for any response.

[PandorasBox]

retaining counsel means - you need to hire a lawyer.