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  1. #1
    Join Date
    Nov 2009
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    1

    Default Caught Shoplifting in Walmart, Was Told That I Need to Go to Court but

    My question involves criminal law for the state of: Florida, I'm 18, first time doing that stupid mistake of mine, basically I was caught stealing two PS3 games, the amount of both of them are $40 exactly.

    I was brought into the Loss Prevention room of Walmart, they tried to say I stole three games, since there was another game case, where I had left a case of one of the games that I DID steal, so I said "No, I didn't take that one" they came back with "Yes you did, I saw you in the camera, we have you on video taking it, and when the police search you and fine it, the charges will just rack up" I said "Okay, but I didn't take that one, my pockets are empty, I gave you everything I took"....So after awhile the cop came, searched me, and found nothing(but the two games that were already on the table), then I had to sign a paper that stated that I can't enter that store anymore, they took my picture there, then the cop took me to an holding cell, where they took my finger prints, mugshots and had me sign a few papers of which I forgotten what they were about though.(one I think was about if I had like open sores, used drugs recently ect.)

    When she(the cop) took my mugshot at the jail or whatever it was(it was a place where I had to keep going to a holding cell, I was in there for about 10mins, and was in and out about 4-5 times) she asked me if I wanted to talk to her about what happened that night, I said "Sure"(probably a stupid mistake, but, eh) I told her what I did, I'm pretty sure she wrote it down on some form of hers.

    But, she let me off easy in a way, since I was told back at Walmart from the cop and the people there, that I was going to jail and was going to be there til Monday, since the judges have off or whatever the case may be, she let me go home that night, gave me a paper saying I was to appear in court on Dec 15th, she told me that I would probably get probation, some fines, and probably community service.

    So my questions are..
    1. Since it's my first offense, and it is a misdemeanor, what kind of fines/charges will I get?

    2. If I pay off all the fines and stuff, will it show up on my record? and how long does it stay on there?(I'm pretty sure it stays on there for life, but it doesn't hurt to ask I suppose)

    3. They said I'm banned from there for life, does that mean I'm banned from ALL Walmarts, or just that one?

    4. Even though I am guilty, I see from different threads that I should plead "Mute" or "Not guilty" and go for a DP because the Courts hands will be tied and will judge to the max, which I se the max punishment for what I did is 60 days in jail, and $500 in fines, but, I have no money for a DP or lawyer, since I don't have a job, so should I still plead guilty?


    Thanks for reading this long thing, heh.

    And thank you for any advice you guys give me too.


    EDIT: If this even matters, the cop gave me the notice to appear in court, it says "1 counts of retail theft, level/degree: M/1" does that mean I'm only being charge on one game or one account for both games?

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Caught Shoplifting in Walmart, Was Told That I Need to Go to Court but

    It's better to plead not guilty and they normal offer you some type of deal and you can then change your plea to guilty. Your probably looking at fines and probation,it appears that you have one charges. Sometimes you can get a free or reduce price legal aide,it depends on the state.

    Ask about if a diversion or 1st time offender program is available where you can avoid a criminal record. Florida does have sealing and expungment that may be of some help for you.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Caught Shoplifting in Walmart, Was Told That I Need to Go to Court but

    1. Since it's my first offense, and it is a misdemeanor, what kind of fines/charges will I get?

    Expect the Civil Demand from WalMart - estimate around $250. Pay it asap. court fines....expect another $200-300 (fines vary from different stores and court fines depend on your area).

    2. If I pay off all the fines and stuff, will it show up on my record? and how long does it stay on there?(I'm pretty sure it stays on there for life, but it doesn't hurt to ask I suppose)
    Yes, it will show up on your record. After a period of years (depending on your states laws), 5-7 years you can apply for expungment.

    3. They said I'm banned from there for life, does that mean I'm banned from ALL Walmarts, or just that one?
    ALL WalMarts, period. Enter a WallyWorld, get caught, get a Criminal Trespassing Charge.

    4. Even though I am guilty, I see from different threads that I should plead "Mute" or "Not guilty" and go for a DP because the Courts hands will be tied and will judge to the max, which I se the max punishment for what I did is 60 days in jail, and $500 in fines, but, I have no money for a DP or lawyer, since I don't have a job, so should I still plead guilty?

    "I Stand Mute". Ask for Public Defender. You will likely be offered a plea deal.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Caught Shoplifting in Walmart, Was Told That I Need to Go to Court but

    If you stand mute, the court will enter a not guilty plea, so just enter a NG plea yourself. Standing mute is only in the Criminal rules when a defendant wishes not to enter a plea, this way he can be tried without any Due Process violations or is unable to actually enter a plea due to incompetency.

    This is from the FL Rules of Criminal Procedure:


    RULE 3.170. PLEAS
    (c) Standing Mute or Pleading Evasively. If a defendant stands mute, or pleads evasively, a plea of not guilty shall be entered.

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