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  1. #1

    Default First Time Offender Caught Shoplifting In Iowa

    i dont know why i did this yesterday, i was going to pick up my wife at the airport, but got into des moines one hour early, so went to best buy and looked for some cd's, then it happened, got caught! its stupidity in my part, never done it before, just spur of the moment kind of thing i guess...

    so i got caught right, the manager called the cops, cop said im banned at the store, and also gave me a citation with a court date for next week friday, feb 8th...

    here is what i found in the iowa code:

    714.2 Degrees of theft.
    5. The theft of property not exceeding two hundred dollars in value is theft in the fifth degree. Theft in the fifth degree is a simple misdemeanor.


    the cd's i stole is worth 150.00...

    my questions are:
    what happens during court?
    do i need a lawyer or just by myself?
    shoplifting stays in my record?

    i have no prior arrest record, this is my first time committing a crime, and sure will not do it again, learned my lesson (should not have done it the first place)...

    any comments will be greatly appreciated...

    thank you!

  2. #2
    panther10758 Guest

    Default Re: First Time Offender: Shoplifting In Iowa

    You should consult a criminal defense Attorney and discuss options like diversion if available

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: First Time Offender Caught Shoplifting In Iowa

    You fit the profile for diversion, if it is offered. If you can't afford a defense attorney then ask for a public defender. Either way, you need an attorney to negotiate diversion.

  4. #4

    Default Re: First Time Offender Caught Shoplifting In Iowa

    thanks for the comments!

    i have an appointment this afternoon with a lawyer, i found one in the Lawyers Link section, they offer a free initial consultation...

    i have some questions though:

    i know each lawyers charge different fees for various cases, in my case, how much would you think it'll cost me? looking on the similar threads within this topic, im looking at around $750 per lawyer appearance in court or are there any more charges whilst reviewing/preparing for my case?

    im going to be upfront, money is kind of tied up right now, with house and car payments, etc.., but do lawyers have some sort of a payment plan? like a monthly plan? i can make a deposit if it requires it hoping thats its no more than $300...

    i really messed up big time! i have not told my wife yet, or anyone, except on this forum... i try not to think about it, but i just cant stop thinking about it... its not a good learning experience at all...

  5. #5
    panther10758 Guest

    Default Re: First Time Offender Caught Shoplifting In Iowa

    You will need to discuss fees, payment plans etc with the Attorney

  6. #6

    Default Re: First Time Offender Caught Shoplifting In Iowa

    met with an attorney yesterday...

    the court date for next week, he says he'll show for me and that i do not need to be present, he will to get me a "Deferred Judgement" for my case... he says iowa's gone away with Diversion, and that Diversion was typically related to DUI cases....

    http://www.legis.state.ia.us/IACODE/...ENT/907/3.html

    907.3 Deferred judgment, deferred sentence or suspended sentence.
    Pursuant to section 901.5, the trial court may, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, exercise any of the options contained in this section. However, this section does not apply to a forcible felony or to a violation of chapter 709 committed by a person who is a mandatory reporter of child abuse under section 232.69 in which the victim is a person who is under the age of eighteen.
    1. With the consent of the defendant, the court may defer judgment and may place the defendant on probation upon conditions as it may require. Upon a showing that the defendant is not cooperating with the program of probation or is not responding to it, the court may withdraw the defendant from the program, pronounce judgment, and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action. Upon fulfillment of the conditions of probation and the payment of fees imposed and not waived by the judicial district department of correctional services under section 905.14, the defendant shall be discharged without entry of judgment. Upon violation of the conditions of probation, the court may proceed as provided in chapter 908.
    However, this subsection shall not apply if any of the following is true:


    we also worked out a payment plan for his fees...


    couple more questions though,

    any more info on Deffered Judgment?

    and reading in the similar threads, "Civil Demands" in which the accused has to pay back the store, in my case nothing was mentioned whilst in the store, i only recieved a citation from the police, should i expect something in the mail from the store?

    again, thank you very much for taking the time to read my situation...

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