QUESTION
Can I get a shoplifting charge reduced?
Asked on Jan 10th, 2013 on Automobile Accidents - North Carolina
More details to this question:
I was caught shoplifting at Wal-Mart, the amount was $30. It's my first and only time ever being in any kind of trouble. Is there any way to avoid this going on my record? I'm 19 and I really don't want a momentary lapse in judgment to cost my future. I haven't actually been charged yet, I just want to be prepared and know my options before I go to court.
11 ANSWERS
You better hire a lawyer if you want even the slightest chance of a reduction. You're right, petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get talked into doing something you will regret for life.
Answered on Jul 17th, 2013 at 12:45 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. Hire an attorney.
Answered on Jan 14th, 2013 at 8:26 PM
Ronald A. Steinberg
You may be able to "cut a deal" with the prosecutor. However, sometimes they are difficult to deal with because of large amounts of crime for "inventory shrinkage" in stores which pay a lot of taxes into the local town.
Answered on Jan 14th, 2013 at 7:38 PM
Michael J. Breczinski
Yes get a lawyer and maybe that person can work it out so you end up with no record.
Answered on Jan 14th, 2013 at 6:56 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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You should definitely consider hiring a criminal defense attorney. And, in the event that you can't afford private counsel, then, for sure, have the public defender's office represent you. Your chances of having any charges reduced are much better with representation, than trying to negotiate some sort of a lesser charge, with the D.A.'s office, on your own.
Answered on Jan 11th, 2013 at 12:21 PM
James Edward Smith
Ask for diversion and get can get it dismissed.
Answered on Jan 11th, 2013 at 12:18 PM
Personal Injury Attorney serving Providence, RI
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You can offer to do community service and make restitution in exchange for a dismissal of all charges. You should probably have a lawyer to assist you if they end up charging you though.
Answered on Jan 11th, 2013 at 12:18 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Many times attorneys can arrange a plea held in abeyance for first time offenders. That would involve accepting responsibility, making a payment, sometimes taking a class, and not having any new charges for a year, sometimes less. Prosecutors have no incentive to offer this deal that results in charges being dismissed once you complete the probation requirements. A lawyer can help.
Answered on Jan 11th, 2013 at 12:18 PM
There is a way to do what is called a compromise of a misdemeanor. You should really have an attorney work with you on this, because if you try to do it yourself you are making admissions of guilt that can be used against you. Essentially, it involves contacting Walmart and agreeing to pay them for their time and hassle of catching you and reporting your crime and they agree to drop the charges. Some retailers like these, some are very much opposed to them. I don't know Walmart's position.
Answered on Jan 11th, 2013 at 12:17 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Yes and no. It can't be "reduced" in the sense that it is a second degree misdemeanor and therefore the lowest criminal charge there is. It is possible through negotiations for the case to maybe be dropped, perhaps through pretrial diversion. But this does not prevent it from being seen on your record. Even if it is dropped your record will reflect the criminal charge. If you can get the charge dropped then you may be able to get it expunged, meaning it actually is eliminated from your record. It may sound cliche but I so recommend that you hire a lawyer to assist you with all of the above.
Answered on Jan 11th, 2013 at 12:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What you want to do is hire the lawyer in your county who knows the DA and the judge and does a lot of work in the misdemeanor court, and let him negotiate with with the Walmart people. the Walmart people are difficult to deal with and they may not want to do anything to help you. most retailers will not cut you slack. They take enormous losses every year from shop lifters and they do everything they can to make these charges hurt. so bottom line is get the best lawyer you can find
Answered on Jan 11th, 2013 at 12:13 PM