I'd recommend you privately consult with an attorney if you need specific legal advice. Any charged with a criminal offense has a right to counsel. If you cannot to retain a lawyer, the court may, depending upon eligibility criteria, appoint you one at the public's expense. Retail fraud is a misdemeanor charge punishable, if convicted, by up to ninety-three days in jail, probation up to two years, fines, costs, restitution, or other sanctions at the discretion of the court. Further, the store may pursue collection's activities and a possible civil claim for their losses. Nearly all the big chain stores request criminal charges in these situations pursuant to their corporate policies. As with any misdemeanor, if you are convicted, it will be on your record unless you participated in some type of diversionary program or, after five years from around the date of conviction, get the matter expunged from your record. Even with small amounts, a person may still be facing considerable sanctions if convicted, so I'd recommend you retain a lawyer to assist you with this matter. The court may not give you an option for a court-appointed attorney if the judge, within their discretion, believes they would not sentence you to jail time if convicted, even though they would have the option to do so.
Answered on Jul 20th, 2012 at 4:01 PM