Shoplifting, Larceny, Robbery, Theft 2nd offense 7 years after adjudication withheld...

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MikeOdd

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7 years ago, I had an adjudication withheld on a grand theft 3rd degree charge. Last week I (stupidly) attempted to shoplift a book, was caught and given a court date for petit theft in the 2nd degree. I understand that I broke the law and need to be punished, but I'm curious as to what I should be looking forward to on my day in court... I know there's more factors in play, but I'm looking for a best case/worst case scenario... Thanks in advance...
 
Most likely you'll be able to plea to a misdemeanor (or even a lesser or included or attempted offense) pay a fine and be done with it. If the merchant's agent doesn't show, it might even be dismissed or the prosecutor could even nolle the matter.


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A couple follow up questions...

a)It seems to be in my best interest to go ahead and complete a theft class before I even go before His Honor. If that be the case, do the online classes work and what one's are generally accepted? I'd hate to pay $75 for no reason.

b)Will a public defender be enough in this situation? I really don't have the money to hire a private attorney.
 
I hate to be a pest by double posting and all that, but with my court date fast approaching, can I get a yes or no on either of my follow up questions?
 
You should seek the advice of a local attorney about the specific theft class to take. The principal is sound, however. Yes, a public defender should be able to easily assist you with your charge. Most likely you'll get community service plus the opportunity to make this charge disappear. Use it!!!!


I'm curious, what was the amount alleged to have been taken? From what store were these items allegedly taken? Did you admit to the charge, or make any statements adverse to your own interests?
 
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It was a $30 book from Wal-Mart... I was caught with it on my way out of the store... So, while I admitted nothing, I was caught red handed... The Loss prevention folks said I was the most coperitive perp thay'd seen in some time, if that amounts to anything... My main concern is jail time, but you're making it sound like the odds of that are remote at best...
 
MikeOdd said:
It was a $30 book from Wal-Mart... I was caught with it on my way out of the store... So, while I admitted nothing, I was caught red handed... The Loss prevention folks said I was the most coperitive perp thay'd seen in some time, if that amounts to anything... My main concern is jail time, but you're making it sound like the odds of that are remote at best...
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This surprises me. In my jurisdiction (Texas), Walmart merely gives the alleged shoplifter a no trespass warning, adn the police don't even arrest them. They are given a citation for a court date, "catch and release".

I'm surprised that your case is going this far. Just keep calm, and more than likely, you'll get a small fine and a kicked to the curb. But, get in touch with your public defender ASAP!
 
I hate to sound like a moron, but how exactly do I get in touch with my public defender? When I was last in court, the PD talked to me for the first time, before I talked to the judge... Then again, this was almost 8 years ago, so things may have changed...

Also, I got a letter today about a possible civil suit that can be avoided for the low cost of $200... Is this legit?
 
Call the court clerk and ask her how to talk to your public defender. Shouldnt be too difficult. They essentially hold "office hours" every day, and its their job to hear you out. Just nag the court clerk till you get your due process. You dont legally have to go before a judge before getting to speak with representation.
 
When you go in to plead guilty or not guilty you will ask for a public defender. Please explain this civil suit letter? It makes no sense to me. If it does not apply to the shoplifting charge please make another thread out of it.
 
The letter is from a law firm based out of Orlando and states "Pursuant to Florida Statues Section 772.11, a civil remedies act, Wal-Mart may consider moving forward with a statutory civil damages claim aginst you."

It then goes on to say "We ask that you settle this matter by making a payment to us in the amount of $200.00 within thirty days and you will receive a written release of the civil claim"

My issue with this is that NO damages were incurred. The book was returned in exactly the same condition as when it was taken. It seems pretty shady and upon further research, I found that this particular company sends out 1.2 million letters a year and follows up on an average of 10.

Should I just ignore it? I would like to see an itemized list of what this $200.00 is going to before I just write a check. Would it be out of the question to ask?
 
MikeOdd said:
The letter is from a law firm based out of Orlando and states "Pursuant to Florida Statues Section 772.11, a civil remedies act, Wal-Mart may consider moving forward with a statutory civil damages claim aginst you."

It then goes on to say "We ask that you settle this matter by making a payment to us in the amount of $200.00 within thirty days and you will receive a written release of the civil claim"

My issue with this is that NO damages were incurred. The book was returned in exactly the same condition as when it was taken. It seems pretty shady and upon further research, I found that this particular company sends out 1.2 million letters a year and follows up on an average of 10.

Should I just ignore it? I would like to see an itemized list of what this $200.00 is going to before I just write a check. Would it be out of the question to ask?
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This is a scam.
You should not respond to this type of correspondence.
You need to wait until your court date.
If things are as you say, this thing will go away!
Do not pay these scammers a dime.
You do not owe them anything.
Walmart usually doesn't pursue civil action, after they have filed criminal charges.
These people got your name from an arrest report.
They send a letter and hope someone sends them money.
If it were me, I'd throw the garbage away!
 
Thanks to everyone for the advice. My court date is 4 days away so wish me luck. I'll be sure to check back in here Monday afternoon and post what happened.
 
I would ask for a list of damages or I would not pay for it.

By the way, unlike so many that come here and are "afraid of jail," at least you have the sense to know that you caused your own shit. Thank you for that. But WHY? you sound so rational? Why steal a book?

I'm not slighting you because you have accepted responsibility and you recognize how silly the whole thing is, but I just wonder why.

Good luck. I wouldn't say that if you had not owned the problem, but you deserve a pat on the back for owning the problem.
 
jharris352 said:
But WHY? you sound so rational? Why steal a book?
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Honestly, I didn't get into it, because it sounds like a bullshit excuse, but I'm actually pretty unstable mentally and without proper medication I tend to do irrational things and regret them directly afterwards.

So, I stopped taking medication without my doctors consent some time back and this was the result. Since I stopped taking my meds of my own free will, I have to clean up the mess the came because of it.

And just for the record, I'm going back to the doctor this Thursday to get back on the meds. It was a stupid move on my part and I'm rectifying it.
 
God bless you. You'll be just fine. I have a granddaughter that has been diagnosed with ODD, too! You're on the right track and I see you making better choices in your life.


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