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  1. #1
    Join Date
    Feb 2008
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    Default $195 Felony Shoplifting In Louisiana

    Hi, everyone. About six months ago, I made a bad friend. We both are excellent students at our college and have ambitious plans for the future. But somehow we were terrible influences on each other. During a period of about six weeks, we shoplifted all over the place at every opportunity we had. We never got caught. Eventually we had a falling-out and we stopped (we stopped in late October). I haven't spoken to her since but I see her around campus a lot. I went to France in January for a short vacation and, when I flew back into the country, I was detained at the airport. The officer who arrested me told me that there were two outstanding warrants for my arrest in Baton Rouge, Louisiana dating back to October 17th. One warrant was for felony theft in the amount of $195 and the other was for conspiracy to commit theft. I went to jail for a few days in New York and had a court date there where the public defender told me that I was caught on tape shoplifting (the judge threw out my case and Louisiana decided not to extradite me "due to cost").

    As soon as I got back to Louisiana, I contacted an attorney and asked him how $195 is a felony theft and he said that SHOPLIFTING anything over $100 is a felony in Louisiana. The conspiracy charge is also probably a felony. Anyhow, I have two questions for you all: #1: how in the WORLD did I get caught? I never got caught while we were out stealing and I know that my friend did not turn me in because she was always there with me stealing and also she did far worse things than I did. Whereas I merely shoplifted, she sold stolen property over the internet, stole way more than I did---I have way more dirt on her than she does on me and I know she did not turn me in.
    #2-- What will happen to me? This is a first-time offense. I am a clean-cut, straight-A student and I do a lot of community work.

    I know that first I have to turn myself in to satisfy the arrest warrants. I will do so as soon as the semester is over because I don't want to miss any school.

    Is there a chance that I can get the charges dropped in exchange for completing a diversion program?

    Can I convince the judge that I can be a productive member of society and to go easy on my criminal record?

    Please don't post responses like "face up to what you did" and "you did the crime now do the time." I am a tough cookie and take full responsibility for my actions. A jail sentence is not what I fear--what I fear is that one stupid episode in my life (out of which I apparently got caught one time) will ruin the rest of my life with a permanent criminal record. Is there any possibility that I can avoid this?

    Thank you!!!!!

  2. #2
    Join Date
    Nov 2007
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    811

    Default Re: $195 Felony Shoplifting In Louisiana

    First, it's a Felony and as serious as a heart attack. It also tends to have a longer SOL than a misdemeanor.

    Second, she may have been caught; your attorney can check the courts to see if she has a record.There is likely a GOOD REASON that she is not speaking with you. LP may have noticed her from previous thefts and pulled her aside one day regardless of whether or not she was stealing. My guess is that she was caught and she talked if there is a conspiracy charge against you. She may have had to do this as part of her plea deal. Someone ratted you out and knew enough about you to tell the police your full name and likely your birthday. After that you are in NCIC (national crime computers)

    Third, there is this great thing called discovery; you will find out what evidence they have against you. Your attorney, if he/she is even a terrible defense attorney, knows all about discovery. If they are a great attorney then continue to pay them. Get them to perform discovery. The unfortunate thing is that this has to happen after you are arraigned. The upside is that they may be friends with the prosecutor and can find out what you have.

    Fourth, regardless of who stole more or did what, the charges are against you. If you were charged together they may try to flip you because they have a larger case against her. ...but you were not charged.
    Fifth, if you have to "face the music" then your attorney can likely work something out with the D.A. or prosecuting attorney where you could fly down on a Friday and get arraigned over the weekend (some courts do this and some wait until Monday, letting people "cook" for a while).
    Six, ask your attorney about diversion options. They might allow you to plea to a misdemeanor, recognize the time in NY as time served, require you to do community service (generally you can move it to another state).

    You do not want a Felony on your record; even the Felony arrest is going to follow you like Herpes. It will creep up at the most inopportune moments just when you thought it was gone.

    Your [stated] exemplary record and contribution can definitely be leveraged by your attorney to get you a better deal. Diversion might not be an option, but a plea to a lesser crime may be available. In addition, if they added a day's crimes into a single charge then your attorney might be able to get the charges reduced to multiple misdemeanors. Again, you would likely have to plea out to one of the misdemeanors.

    Good luck!

  3. #3
    Join Date
    Feb 2008
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    3

    Default Re: $195 Felony Shoplifting In Louisiana

    Thanks for the informative reply. I have a couple of follow-up questions for you: you say diversion might not be an option-- why is that? The amount stolen was for less than $200! People who stole a lot more have gotten diversion.
    My other question: is it in my best interest to wait longer to take care of this problem? I am planning to turn myself in as soon as school is out, but is it true that the more time passes the less a D.A. would be interested in prosecuting my case?

    Once again thank you for your helpful reply.

  4. #4
    panther10758 Guest

    Default Re: $195 Felony Shoplifting In Louisiana

    Felony charges are not normally looked at as cause for diversion. talk to your Attorney who is familar with local laws, judges etc

  5. #5
    Join Date
    Nov 2007
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    811

    Default Re: $195 Felony Shoplifting In Louisiana

    The D.A. is paid to prosecute ALL cases and they particularly love getting an easy conviction off a Felony, even if it is dropped to a misdemeanor or multiple misdemeanors.

    Most good criminals know the laws as well as the officers that arrest for them. You and your friend are amateurs and chose to shoplift in a state that had a low threshold for Felony larceny.

    Unless you get a really good attorney, pay a lot of money, and the attorney and the D.A. happen to be really good friends and your attorney knows when the D.A. is having a good week you will likely never see diversion even reach the table. You might get diversion for the Felony and a lesser misdemeanor. ...but there is a 99% chance that you will have a conviction of some sort on your record.

    That is why it is important to get a good attorney who can perform discovery and see what you are up against.

  6. #6
    Join Date
    Feb 2008
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    3

    Default Re: $195 Felony Shoplifting In Louisiana

    usedbranflakes, you are obviously a realist, but does it not matter that this is my first ever offense? at this point i am looking for any words of comfort when it comes to my record. say i get a conviction: can i get it expunged? can i still go to graduate school? can i still have a job? can i still have a dignified life?

    i read an article that argued that a part of the reason that the u.s. has such a high crime rate is because permanent criminal records force people into a life of crime as they become repeat offenders because nobody will hire them or accept them.

    isn't diversion always an option for a first-time offender?

    now i am obviously looking for some words of comfort. if you have any personal experiences or knowledge of cases like mine which resulted favorably for the defendant (i.e. DIVERSION) please let me know.

    I have an excellent attorney. But like you said, discovery cannot occur until I turn myself in.

  7. #7
    panther10758 Guest

    Default Re: $195 Felony Shoplifting In Louisiana

    Ok your not going to like this so be ready. This is a site for "legal" questins and answers not a support group.

  8. #8
    Join Date
    Nov 2007
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    811

    Default Re: $195 Felony Shoplifting In Louisiana

    I wouldn't say a realist (I am somewhat of an optimist) as much as I would say that I am just being honest.

    As much as I would like to coddle people and tell them that it is going to be all right, I can't. We can't say what it's going to be at this point as we only know that the DA has enough evidence to think that she/he has a case against you.

    As much as I wish that Debra LaFave was not a registered sex offender, I can't wish her conviction away. As much as I wish that this site was not needed because people commit crime,

    Look, I had a DUI years ago; no one was hurt, the breath test was thrown out, the officer got caught lying, and I still got convicted. It's allright for me because that is behind me and I have a great job and a nice salary. If that provides some comfort to you, please rest easy.

    Unfortunately this is not a Felony support group and I have to be honest with you and can't sugarcoat a turd in chocolate and call it a Baby Ruth. It is what it is.

  9. #9
    Join Date
    Apr 2006
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    Lightbulb Re: $195 Felony Shoplifting In Louisiana

    Bran has it right. But IMHO, had you done a one or two time "stupid", the situation would be way different. But, y'all embarked on a spree! Now your ex-bud has dropped a dime on ya and most likely painted you as the "real" bad influence to better help her out of her own predicament.

    You have a pair of felonies starin' at ya. Hate to be the bearer of bad tidings but felonies most likely do not get expunged.

    "Ye maketh ye bed, theneth ye lie". That's the bald-face truth to your situation. You claim you have an excellent attorney, it would behoove you to ensure that is the case!

    I'm wondering if you've ever wondered in hindsight, 'what if I'd been caught the first or second time?' If you HAVE ever thought that you have things way wrong! Your hindsight reflection should've been, 'what if I'd NEVER done this?'

    Mutual "bad influences". That's not an entirely new one, but sorta creative. Definitely not ownin' up to things, but somewhat creative nonetheless.

  10. #10

    Default Re: $195 Felony Shoplifting In Louisiana

    This may be too late, looking at the original post date.
    I work in Asset Protection, primarily as a 'shoplifter catcher.' Beyond the textbook explanations and the like, to be honest it sounds like you pissed Wal-Mart off. Mayyyyybe Target. I work with Wal-Mart and the charges you have against you sound like an experienced AP Associate (APA) letting you have it.
    Frequently, APA's will allow a thief to get out of the store if the APA isn't 100% sure on having all elements needed for an apprehension and detention. We all figure, hell, you'll certainly be back if we can give you space enough to think you got away with the crime.

    Beyond what anyone has said, Officers call a lot of the shots as to your pain and suffering. An officer may charge a subject with a felony theft charge even if the amount stolen is merely $195. It depends on the cop and the amount of paperwork he is willing to fill out.
    That being said, once the officer signs the Affidavit for Arrest, he has basically told the court (down the road) that he, the arresting officer, has taken the store employee's word/video evidence and has just cause to arrest you. The judge will most likely dispose of the case given the circumstances and dollar amount, but in the mean time you are more than screwed what with the accelerated charges.

    I worked LP/AP while at LSU in Baton Rouge, LA. I did LP back in the day when Wal-Mart was more than OK with us running out fire exits with baseball bats. Things have changed and you are fortunate you had some cautious APA's on you.
    Just don't steal any more.

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