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  1. #1

    Default Summoned to Court for First Offense Shoplifting

    My question involves criminal law for the state of: Kentucky

    So, I got arrested yesterday for shoplifting. This is my first offence I have ever gotten. I've never been to jail or been charged with anything. I got caught shoplifting at Walmart, items Worth under $35. I got released and didn't have to pay a bond but I have a court date in March. On the side news, I'm afraid I'm going to get fired at my job cause I work in a pharmacy, I've never stolen from them before but I'm not sure if it eould,matter anyways. I just don't know what to expect, I mean do I need an offender, I just need help!

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: First Offence

    Time to start looking for a criminal defense lawyer to assist you. You might be able to work out some resolution to this that will avoid a criminal conviction record or that otherwise will lessen the impact of this. That’s going to cost you a fair bit of cash, but it may well be worth it if you can come out of this with something other than a straight conviction for shoplifting. Shoplifting is a crime that generally gets you very little of value but if caught can have a huge negative impact on you. So, in addition to being morally wrong, it’s just not a very smart thing to do — the risk you take just isn’t worth the reward you get. For a first time offense you are probably not looking at jail time but perhaps a fine, probation, and/or community service. So that isn’t the worst part of this. The big problem for you is that a conviction as a thief will close a lot of doors for you. Not many employers want to hire convicted thieves for obvious reasons: they don’t want to be your next theft target. Especially for you working in retail at a pharmacy I can pretty much bet that if your employer learns you were caught shoplifting you’ll be fired. If you stole from Walmart it’s not at all a stretch for the employer to assume you might steal from the store where you work, too. So start looking for an attorney ASAP and be prepared to pay what may end up being thousands of dollars in legal bills to try to make the best out of this.

  3. #3

    Default Re: First Offence

    Would it be easier just to consult with one first to see or get any ideas on what to do? Is shoplifting considered a felony? So.. basically if I wanna try to get it off my record I would have to claim not guilty, or something along the lines? I'm not familiar with any of this and I just don't know where to begin.

  4. #4
    Join Date
    Feb 2016
    Posts
    4

    Default Re: First Offence

    Shoplifting is a misdeamenor not a felony (depending on the amount taken which varies from state to state but in your case it's misdeam. petty larceny) and as your first offense you'll prob get a deal where it can be dismissed after 6 months if no further crime committed or it can be changed to the lesser disorderly conduct conviction which is not a major deal on your record. Def consult with a lawyer might cause you a grand or 2 but worth it to not have a larceny charge on your record.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Offence

    Ztown, it's probably not a felony, but it might be in Kentucky depending on just what he stole (for example, stealing sudafed is even if it's only $5).

    You can certainly consult with a lawyer (though most will likely charge for this consultation, there's an issue about when the attorney-client relationship starts).

    Generally, one should NEVER plead anything other than not guilty unless you have legal counsel as to the implications of doing otherwise. But, what makes you think you're going to get it "off your record." Even a not guilty plea, absent any defense is going to result in a conviction on your criminal record.

    THere does exist a pretrial diversion for first time criminals in Kentucky. Ask an attorney about that.

  6. #6
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: First Offence

    An attorney isn't going to give you free samples, either. Shop around and see if one will "tell you what to do" without you retaining them and you are still unrepresented. This is worth everything it takes. Pretend you have been diagnosed with cancer, and think of it you need a doctor. Quickly and very much.

    If you are fired from your job because of this charge, you can immediately file for and have a fair chance to qualify for unemployment benefits. If you have been fired for misconduct off the job, that does not make it work related misconduct related to that job. They can legally elect to fire you, but since they have not fired you for a valid misconduct reason related to your work, your chances of being approved for benefits are fairly good, provided you have the monetary eligibility to set up a claim. Before you discuss it with them, check with your place of employment's worker handbook, I suspect there will be something in there about being required to notify your employer if you are convicted, not charged.
    Don't tell lots of people, don't discuss this with your co workers or your friends, keep the lid on it with everyone but your attorney.

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