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  1. #1
    Join Date
    Oct 2014
    Posts
    2

    Default Charged With Shoplifting After Watching Friends Steal Merchandise

    My question involves criminal law for the state of: Ohio

    Unfortunately, I was caught with two other individuals shoplifting in a Wal-Mart store. The total was roughly $130. There is no physical evidence of me personally taking anything, but there is of me witnessing an individual doing so. Unbeknownst to me, the other individual had taken two items totaling $100 and put them in my bag while I used the restroom. The LP witnessed this and watched us from that point on. I witnessed the other $30 worth of merchandise. For some odd reason, they let the first individual go, without so much as a ticket, but they stopped my now ex boyfriend and I. I have never been in trouble before, and I have a young child at home. I do realize how dumb it was of me to stand by and let this happen. I should have just left the store and let those two get themselves in trouble. Shortly after the incident, the ex boyfriend lost his job and a drug problem came to light. He even stole and wrote fake checks from my own brother. I am no longer involved with this individual and do not want his stealing or drug use around my child. How can I communicate this to the judge correctly? My public defender mentioned diversion - but since I've never been in this position, I'm not really sure what I should do. I'm willing to pay any fines and take any classes as long as it keeps me home with my son. I'm the sole provider for him and I don't want this to spiral completely out of control.

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Help,

    I don't think you will see jail for this offence. Follow your lawyers advise.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charged With Shoplifting After Watching Friends Steal Merchandise

    If in fact you can get into a diversion program, as you will avoid a conviction, that would seem like a good outcome.

    It sounds like they let the other person go because they had not actually observed that person steal, whereas the items you state that the person stole were in your bag.

  4. #4

    Default Re: Charged With Shoplifting After Watching Friends Steal Merchandise

    There are many types of diversion programs. One is called a DPA-Deferred Prosecution Agreement - basically if you enter into an agreement with the prosecutor's office - typically if you meet their conditions for a given period of time - maybe they ask you to not get arrested for a year, complete community service or do so counseling - then they drop the charges. This is great for you because you only have an arrest on your record but no conviction. So no criminal record.
    The other common one is called a DSA (Deferred Sentencing Agreement). Here you plead guilty and then instead of moving to the sentencing part - where the judge hands out a punishment, the sentencing date gets pushed out and you are given a chance to complete whatever counseling, no arrest period and if you succeed, then the sentencing date gets cancelled. You end up with an arrest, a conviction and criminal record, but you don't get the jail or fine.

    I don't know the specifics in Ohio or your case, but I hope this is useful for you to talk to your attorney.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Charged With Shoplifting After Watching Friends Steal Merchandise

    Quote Quoting crimprof
    View Post
    There are many types of diversion programs. One is called a DPA-Deferred Prosecution Agreement - basically if you enter into an agreement with the prosecutor's office - typically if you meet their conditions for a given period of time - maybe they ask you to not get arrested for a year, complete community service or do so counseling - then they drop the charges. This is great for you because you only have an arrest on your record but no conviction. So no criminal record.
    The other common one is called a DSA (Deferred Sentencing Agreement). Here you plead guilty and then instead of moving to the sentencing part - where the judge hands out a punishment, the sentencing date gets pushed out and you are given a chance to complete whatever counseling, no arrest period and if you succeed, then the sentencing date gets cancelled. You end up with an arrest, a conviction and criminal record, but you don't get the jail or fine.

    I don't know the specifics in Ohio or your case, but I hope this is useful for you to talk to your attorney.
    What you have described in the second one is merely a suspended sentence along with probation. With a true deferred adjudication the defendant does admit guilt and it is entered into the court records but they are then given a period to prove themselves (probation, classes, whatever) and if they successfully complete the requirements, the original charge is recorded as dismissed.

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