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  1. #1
    Join Date
    Dec 2008
    Location
    Seattle, Washington
    Posts
    1

    Default First Time Shoplifting Offense

    My question involves criminal law for the state of: WA

    So a friend and I entered a QFC grocery store and shoplifted $476 worth of Champaigne. I am 21 years of age by my friend was 20. We were stopped by undercover security and escorted to an office upstairs. They took all our information and called Seattle Police Department to confirm my identity as I did not have my ID. Security notified us that the amount we stole was just short of a felony so our charge will be a misdemeanor. Seattle Police Department did nothing other than confirm my identity and did not issue us any papers / tickets. The store security also notified us that we will have to pay fines of $250 + the cost of the merchandise we stole. I also asked if we would receive a court date and he did say yes, and we both signed a form acknowledging that we were aware of the circumstances and that we would not be allowed onto the property of any QFC or Fredmeyer in the state of Washington. Most likely I will have to go through a Public Defender instead of a lawyer as I cannot afford a lawyer on top of my fines.

    My first question is:

    1.) Will my friend be charged for MIP even though this was not mentioned on the written report? (They did take down his information including birthdate)

    2.) Since the Seattle Police Department did not take any information on the incident , and only confirmed my identity will that help my friend's chances of not being charged for an MIP since it was only the grocery store that made any documentation?

    3.) Having no priors, warrants, or a criminal record, will my chances of a diversion program or expungement be likely?

    4.) And even though restitution is to be made to QFC, does the court have any power of lowering the fine?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: First Time Shoplifting Offense

    Will my friend be charged for MIP even though this was not mentioned on the written report? (They did take down his information including birthdate)
    its possible, since she was in possession.

    Since the Seattle Police Department did not take any information on the incident , and only confirmed my identity will that help my friend's chances of not being charged for an MIP since it was only the grocery store that made any documentation?
    For starters, the police dont need to do anything with the info, the store can just pass it on along to the DA's office who then decides what to charge you with. Don't think that you'll get away with much here. Expect the worst that way you won't be so surprised when the worst happens.
    3.) Having no priors, warrants, or a criminal record, will my chances of a diversion program or expungement be likely?
    Hire a local attorney to see if a diversion program is even available in your area. If having a good record is important to you, you should hire an attorney to get the best possible outcome. You also have a PD if you can't afford one.
    And even though restitution is to be made to QFC, does the court have any power of lowering the fine?
    The fine for the court is seperate from the civil liability that you signed for. You get criminal fines from the court side of things and a civil demand (which will lead to a civil lawsuit if unpaid) from the civil side of things. The store gets to decide the civil part of it, and the court gets to decide the criminal part of it. Keep in mind that if you get a diversion, restitution in both forms usually need to be satisified in order for you to meet the terms of the program.
    Hire a local attorney who is familiar with local courts and judges to find out what your real odds are.
    Good luck, I hope this is all over, you celebrate all the things you've learned without the bubbly.

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