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  1. #1
    Join Date
    Oct 2008
    Posts
    10

    Default First Time Theft

    My question involves criminal law for the state of: Washington

    I will first start off by saying what i did is the stupidest thing ever, and I have yet to understand why i even did it, I cant even answer that question and i have spent the past weekend obsessively thinking about it.

    a long story short: I went into a Ross and went in with the intention to shop, literally never thought i would steal, never have, and clearly never will. I bought about 80$ of merchandise, but before this, i went to the accessories area and saw scarves that were very appealing, i liked 4 of the colors and grabbed all of them. I went back to the area where i was looking for a photo album (which i did end up buying) and while i was back there, i dont know what got in me..how i even thought of doing this, but i put the 8$ scarves in my purse. Why i did it..God knows, my brain is so confused and blurry i HONESTLY cant answer this question. The craziest part is, i went up and paid for everything else, which like i stated, added to 80$. Why wouldnt i just steal the more expensive things and not the cheap ones; this is a question i myself cant explain, and it goes to show you just how weird this was. I had ALL my id on me, including social security card, all school id's, personal pictures, everything! i had NO INTENTION of stealing, never in my life have i even gotten the least bit in trouble. NEVER.

    I am 22 years old. I am working at a law firm (irony i know) I am registered to take the LSAT in dec. and am applying for law school 2nd time around. I was an honor student at school, i mean the list goes on, but i know what you're thinking, if you're so smart, why steal?

    I was leaving the door, and the LP guy asked me to go back with him. I started crying and shaking to where he had to try to calm me down. I told me what i jjust told you, couldnt answer why i did it, and explained to him all thats going for me. He said he HAD to prosecute me, but if i was willing to confess my wrongddoings, esp to the police (which came 1 hr later) that things would be easier for me. So i listened. I told the police the same thing i posted here, and i kept saying sorry and was crying and saying how stupid i am. He said 'the smart ones are the ones that know its stupid'. When the police left, the LP guy told me "dont plead guilty when you go to court, jjust ask for a deferred sentence, they will give it to you, im sure of it".

    I left crying, and shaking, and depressed, almost suicidal. I dont know what i was thinking, I am in debt and dont have any money to pay for any legal service, and am too ashamed to tell a single person abt the wrongdoings. THe lp guy kept saying 'i know you're a good person, i really do' and then he gave me his cell number saying if i had any questions, contact him. I then called him afterwards and apolgoized, and asked to explain to me again what i should do; i had never been in trouble, i needed some advice, i couldnt even breathe. He called back after i left a voice message and said that I can meet him at the Ross parking lot to talk. I did this a few days later, and he said that he wishes he never had to prosecute me, he knows im a good person, and he wishes i didnt do that, and that everyone makes mistakes. He seems so nice and undersatnding. I told him cant i just pay you guys the fines, and from my research ross can drop charges. I have SO much that was going for me in the legal field, and now after this on my records, i will not have anything. I am also really depressed and feel like i dont even want to live with all these difficulties ahead of me.

    He told me since i was already prosectued, that Ross already got cops involved that day, they cant do that. But then i read something about a 'civil compromise'. Since he seems to be willing to help, and realizes i am not a typical 'theif' and that clearly i am regretful and would never do this, can you please tell me what options he has that he can work out a deal with me without taking this to court? if i know exact facts i can present to him, maybe he can help me.

    If that is not possible, what is my best bet as far as court? I know i am guilty, even if i plead not guilty, im sure he has my voice mails i left him crying and saying sorry and asking for help. I am very very poor and in debt, i HAD so much going for m, and im really dpressed and sad and i have no one to turn to, no one that would ever accept this behavior, my parents would literally disown me. no jjoke. I come from a very religious chrisitan family. What should i say in court? i am willing to do community service, willing to be on probation, as i know i wont get in trouble again, i will do anything just dont want 1. jail (gosh the thought of that really makes me wanna die) 2. criminal records..whats the point of continuing studying for lsats when no school would accept a criminal and no law firm/bar would accept a criminal.

    i know this is long, and i am really sorry, but please please please i beg for any help, advice. i have never felt so regretful in my life, never felt so sorry, and most of all never felt so confused. i dont even want to go grocery shopping, im that parranoid..i really need help. please. give me advice.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: First Time Theft, PLEASE PLEASE

    First priority, calm down, as it clouds the mind and you can't function rationally.

    If the store does prosecute, unless this is your second theft offense or so, it is only petite theft.

    RARELY, is such a first offender, upon conviction or pleading guilty, given any jail time, unless it is only 3 or 4 days to wake them up. You have to be sentenced proportionally as others past for the same crime.

    You have to do a little legal homework on your own.

    As the LP person mentioned, does your state have a first offender program, such as deferred adjudication and or diversion program?

    These are designed as a basic "forgiveness" law. If you stay out of trouble and follow the law, do your community service, etc., whatever has been imposed, the charge is dropped as it never occured in the 1st place.

    Theft may be a crime or moral turpitude as far as Law school admission, but first time petty theft is most probably NOT a bar for admission to the Bar.

    Would you feel comfortable discussing the theft with your employer as far as legal advice is concerned??

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 1st Time Shoplifting PLEASE PLEASE

    First, do not, ever, talk to the LP person again. That LP person is protecting the store, not your rights. You should assume everything you have said to him can and will be used against you.

    Second, when you get your summons to court, plead not guilty and get a public defender.

    Third, you will receive a civil demand in the mail. Pay it. This civil demand has nothing to do with your criminal charges but must be satisfied.

    Fourth, when you go back to court with counsel, try to get the charge plea bargained down to something you can have diversion upon. Diversion will, after your probation and any other sentence the court hands down is satisfied, will keep this off your record.

    It will be extremely difficult to enter law school with a criminal record. Not impossible, but very difficult. Same for taking the bar.

  4. #4
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Default Re: Shoplifting in Washington

    1. jail (gosh the thought of that really makes me wanna die)
    You are NOT going to jail

    Do what cyjeff says

  5. #5
    Join Date
    Oct 2008
    Posts
    10

    Default Re: 1st Time Shoplifting PLEASE PLEASE

    but he seemed so nice and willing to help out, i guess i am too kind and trusting that i actually called him and said how sorry i was and how stupid i am. it was very stupid, and my reaction afterwards was very stupid as well, but he clearly said dont plead guilty..but dont plea not guilty, if you do 'i will be there and you will lose since we have clear evidence you stole', but they have no recording of it. but im sure he can use my voice mails in court, and i want to save the court time and money as i am moving to texas in end of december, i want to finish all this here before i leave there.

    he said asked for a 'defferred sentence' can you tell me what that means? why plead not guilty when i know they will do whatever they can to prove i am. im really nervous, i learned my lesson, i honestly cant sleep/eat. please give me some more detailed advice.

  6. #6
    Join Date
    Oct 2008
    Posts
    10

    Default Re: First Time Theft, PLEASE PLEASE

    yes it is a first time offense. i have NEVER shoplifted in my life, nor do i hjave any sort of criminal record..

    what do you advise i do? what would be the quickest with an okay result. granted i will pay fines and community service, id rather do that than have this on my record or go to trial trying to say im not guilty, but then they somehow prove i am, and even larger punishements..i learned my lesson, i want to get things over with and just move on.

    i am also moving to texas in december, i would like to get things done and out of the way before moving to another state in which things get even more complicated and what not.

    advice please

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: First Time Theft

    Here is a link about the diversion program, at least in that jurisdiction, but presumably it is an umbrella of state laws.


    http://64.233.169.104/search?q=cache...lnk&cd=2&gl=us

    BEST ADVICE:

    Consult a criminal defense attorney. You can go through your local Bar Association and ask what attorney's are generally known to accept cases on a payment plan, if this is a known fact at all. Just explain your situation and they will refer you.

    Once in your initial consultation, if you have no real up front cash, inquire about a payment plan, so much a month.

    If you can, borrow 2 or 3 hundred for UP FRONT money, as the attorney will be more inclined to accept your case.

    If this is not possible, once charged and arraigned and asked to plead, if you intend to plead guilty and do so, then plead with the court to be entered into the diversion program.

    Be remorseful, this is what the court wants to hear, that you will never do it again.

    The court is not out to tar and feather non habitual defendant's

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Shoplifting in Washington

    please give me some more detailed advice.
    It doesn't get much more detailed than what Cyjeff told you to do.

    Go back and read what he said. Pay particular attention to the bit about going to court WITH COUNSEL.

    Then do it. Wringing your hands over this is not going to help you. You got good advice.

  9. #9
    Join Date
    Oct 2008
    Posts
    10

    Default Re: Shoplifting in Washington

    what ifi cant afford to go to court with counsel? of course id love to do that, but i cant afford an attorney. i was waiting for the arraignment to talk to the public defender, but i know before that happens that judge asks what i want to plea and thats where im confused, do i say guilty or not guilty or do i have the option of saying 'i want to talk to a public defender before pleading anything'

  10. #10
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Shoplifting in Washington

    Quote Quoting depressed987
    View Post
    what ifi cant afford to go to court with counsel? of course id love to do that, but i cant afford an attorney. i was waiting for the arraignment to talk to the public defender, but i know before that happens that judge asks what i want to plea and thats where im confused, do i say guilty or not guilty or do i have the option of saying 'i want to talk to a public defender before pleading anything'

    As you've been told three times, PLEAD NOT GUILTY THEN TALK TO THE PUBLIC DEFENDER.

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