QUESTION

How can I get my shoplifting record off if this is my first offense ever?

Asked on Feb 03rd, 2014 on Criminal Law - Michigan
More details to this question:
I got caught shoplifting and ran to my car after security told me to go to office and police was called and I went to jail and got fingerprinted and got out on bail and now have a court date. Just to add, once police came I went the store and they retrieved their items from trash. Here is the bad part, I didn't have to do this and I regret it. I'm a nurse and I never have done anything like this. I have a clean record with only a speeding ticket to my name and I'm 30 years old. I ran to my car out of fear because I feared my license would be taken and affect my future. I thought the security was actually some random guy. He had street clothes on. I know I was wrong. I was wondering, was there any way possible to get this off my record so this won't affect me or my family or my goals to go back to college? What should I plead in court?
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8 ANSWERS

Criminal Defense Attorney serving Minneapolis, MN at Mark Herman, Attorney at Law
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It sounds like you have just been charged and have not entered a plea as yet. You do not want to plead guilty to this theft charge as it could affect you further down the road. I strongly suggest you contact an attorney to discuss the case. An attorney may be able to help keep this off your record.
Answered on Feb 07th, 2014 at 2:08 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Hire an attorney to get the charge dismissed or amended to a lesser offense, such as "Littering." Depending on which court this is in, you might not even have to appear in court if you hire an attorney to represent you, but you will have to pay a fine and court costs.
Answered on Feb 07th, 2014 at 5:25 AM

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Daniel Kieth Martin
You want to speak to an attorney right away. This case could affect your license. If you do not hire an attorney before court, you will want to enter a plea of not guilty and ask for some time to hire a lawyer.
Answered on Feb 07th, 2014 at 5:25 AM

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Jacob P. Sartz
At arraignment, you always have a right to plead not guilty or stand mute and request that the court enter a plea of not guilty on your behalf. Don't feel pressured to plead guilty. Whether to plead guilty is ultimately your choice and it needs to be voluntarily decision. ? At arraignment, the judge or magistrate should advise you of your charge, your rights, ask how you wish to plead, then set a bond. If the charge is serious enough, they ask if you wish to have a court-appointed attorney or if you wish to retain counsel. It is usually a quick process. However, if you have questions, ask. The judge may or may not be able to answer, but it's important that you understand your rights. Shoplifting is usually charged in Michigan as retail fraud, third-degree, MCL 750.356d, if the value is under $200.00. This is a misdemeanor punishable upon conviction by up to ninety-three days in jail, fines, costs, restitution, probation up to two years, or other sanctions at the court's discretion. If convicted, as a misdemeanor, it could stay on a person's record. However, certain people, especially younger alleged offenders who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act which, if completed, could keep a conviction from being entered in their public record.? ? However, if a person has a prior retail fraud conviction, they could be charged with retail fraud, second degree, even if the alleged amount is under $200.00. ? Retail fraud second degree, MCL 750.356d (1), is a misdemeanor, punishable upon conviction by up to a year in jail, fines, costs, probation up to two years, restitution, or other sanctions at the court's discretion. ? As with a retail fraud third, if convicted, as a misdemeanor, it could stay on a person's record. However, certain people, especially younger alleged offenders who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act which, if completed, could keep a conviction from being entered in their public record. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel.
Answered on Feb 07th, 2014 at 5:24 AM

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Shoplifting is a petty theft. First time petty theft can be a misdemeanor or an infraction. If the amount is valued at $50.00 or less the prosecution is allowed to file the case as an infraction. If filed as an infraction the penalty will be a fine of $250.00. If you are found guilty of the infraction you may answer no ruefully to the question, have you ever been convicted or arrested for a felony or misdemeanor.
Answered on Feb 07th, 2014 at 5:23 AM

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Instead of worrying about getting it off your record, which could take years, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Feb 07th, 2014 at 5:23 AM

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Criminal Defense Attorney serving Eagan, MN
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If you have a clean record, you're likely not looking at jail or severe penalties. Don't worry about that. Probably just a fine or some community work. However, the most concerning thing is the potential for this to end up on your permanent record. You need to obtain a diversionary deal to keep this thing off of your record, especially given your profession and licensure. To accomplish this, you need an attorney. Your attorney will challenge the state's evidence against you in court, while simultaneously working to get your qualified for the diversion deal that you need. It will be an expense here on the front end, but hiring an attorney and working to keep this off of your record are the very best things that you can do to protect your future. Anything theft related will be detrimental to obtaining jobs in the future. Back when I was a prosecutor, it sometimes happened that we were willing to do a diversion if the criminal defense attorney presented the client's case in the right way. Feel free to contact me directly to discuss your options further. Good luck!
Answered on Feb 04th, 2014 at 8:42 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Most jurisdictions offer options to first offenders that will keep the matter off their public records, such as diversion. Consult with an experienced criminal defense lawyer in your area that handles retail fraud charges.
Answered on Feb 04th, 2014 at 8:41 PM

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