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  1. #1
    Join Date
    Oct 2008
    Posts
    9

    Default Shoplifting in Virginia

    My question involves criminal law for the state of: Virginia

    Here is a short summary. I am 25 and have no prior record not even a speeding ticket. I have extreme anxiety and panic attacks that I take medicine for as well as new medicine for an infection including vikodin. Yesterday I went into Walmart to get a bin to store my summer clothes in and also to make up some pictures. I was dizzy and lightheaded from a combination of not taking my anti anxiety medicine, not eating, and also from taking a new prescription of vicodin. I dont remember much. I got the bin and got two of them, headed over to the photo labs and somehow ended up in stickers. Went and grabbed some stickers was going to get a few and decide later. Then remembered I needed dog food so walked over there. I realized I only needed one bin so I put the one I wanted on top of the other which meant the stickers were under there. I forgot to put it back. My mom came in because I was taking so long and said I didnt look well. I told her I felt super dizzy and lightheaded so she said lets go. I went into my wallet for a coupon for the dog food and pulled out a walmart reciept. As I was going by checkout I looked at the receipt and it said dogfood so I thought I paid. Before even making it out by where the carts are security attacked me pretty much. I had no idea what they were talking about and then remembered the stickers. I explained the medical situation and even had my ER papers with me but they didnt care. They said the stickers were over $300 and it was a felony. I dont understand how it added up to be that. I sat in jail for hours and finally saw a magistrate who set bail at $500 which was paid. I finally got out and went home. Now I have a court date on Monday which is out of town as this happened out of town. I know this is only for what I plead and if I have or want a lawyer.
    My questions are what are the worse and best case scenerio? How long does it take to do a plea deal? I have spoken with a few lawyers who said that they recc I go in there plead not guilty get a lawyer if I havent done and try for a plea deal as a mistemeador. How likely is this? How possible is jail? I will do anything to avoid it. This was a total mistake and not done on purpose. I cant sleep or eat or do anything but panic. Please someone help and give me information. I am so scared. I have never done anything like this and I was so out of it I clearly had no idea what I was doing. Please help and thank you.
    Also is there a way to see what people were charged with at the court I am going to?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Shoplifting in Virginia

    Let me make sure I understand this.

    You hid merchandise and then tried to pass off an old receipt and got caught. But you weren't stealing... you just couldn't remember whether or not you had paid because your memory couldn't go back 3 minutes to tell you whether or not you had actually purchased anything? You found a receipt in your wallet and just assumed you had already purchased everything.

    That's the story you are going to tell the judge? Really?

    Okay. On Monday, plead not guilty and ask for a public defender. There is no way that cock and bull story is going to fly in a court of law and you really want learned counsel with you to try to talk you out of saying it.

  3. #3

    Default Re: Shoplifting in Virginia

    I know this is redundant following the above post, but get a lawyer as you are facing some serious charges.

  4. #4
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Shoplifting in Virginia

    I did get a lawyer and I didnt have to go to court for the hearing. A preliminary hearing is set for the end of next month. If a plea deal is reached will that be my only hearing? Thank you for your time.

  5. #5
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Shoplifting in Virginia

    Quote Quoting VAGirl25
    View Post
    I did get a lawyer and I didnt have to go to court for the hearing. A preliminary hearing is set for the end of next month. If a plea deal is reached will that be my only hearing? Thank you for your time.
    Perhaps. If you plead out and follow through with the terms, you should not find yourself in court over this again. Screw up probation or any other terms and yes, you will visit with the judge more than you want to.

  6. #6
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Shoplifting in Virginia

    Thank you. I am still waiting for all the people to get the paperwork in so the prosecutor can make a choice on a deal or not. If I plead guilty to the lesser charge a mistermeanor is there anyway of getting it off my record after so many years? Am I looking at fines and probation or community service too? Thanks!

  7. #7
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Shoplifting in Virginia

    Update the Prosecutor still has not gotten the paperwork yet. What happens if Walmart does not submit the paperwork to him before the court date as its coming up in a little less than 2 weeks?? Thanks

  8. #8
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Shoplifting in Virginia

    Update: Still no paperwork in. Walmart claims they never got anything for a court date next week. They also said that I was not emotional or didnt express anything until the police came. While I even wouldnt believe my story of not knowing what I did its the truth. I was so confused as to why I got stopped and why I was brought in a room that I didnt get emotional or start crying until they said felony and brought the officer in.
    So now I am told it might very well be postponed again. Cant Walmart get into trouble for taking so long with this paperwork? Is it true that Walmart will be asked if they think I should be dropped to a mistemeanor and if so how much impact is this for the procecutor? Thanks!

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

    Default Re: Shoplifting in Virginia

    Walmart has a year to press charges. They do not have to notify you of where they are in the process or even if they are pressing them at all.

    The minute the police were called, the authorities will now decide on your plea... if any.

  10. #10
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Shoplifting in Virginia

    So now Walmart has nothing to do with it? They said they didnt know there was a court date next week and I guess the prosecutor needs the information from Walmart which they have not given him so now unless they hurry up the court date will have to be postponed again. I am told the procecutor is usually very fair and likes to make plea deals and him and my lawyer have been in touch. From what I am gathering he asks Walmart if they think the charge should be reduced but I am not sure how much that makes up his mind. Walmart right now is the one holding up everything since no one has any paperwork from them and they didnt even know they needed to be in court until my lawyer contacted them. I just dont get it..

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