Shoplifting, Larceny, Robbery, Theft First offense 18 Y.O. Ohio please help

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stxrjag

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So basically my friend works at Wal-Mart and he wanted to buy a monitor which costed approximately $400, right before he went in he told me that if I stole the monitor he would pay me $400 because he hated Wal-Mart. I told him no but he told me exactly how to do it where supposedly I wouldn't get caught, he said if loss prevention came then I should just run because there was nothing they could do.

I took the monitor and I got caught outside the store but I didn't run, I waited inside and did everything they told me. The cops came and I have a court date in a week. Is there anything I can do at this point not to have something on my record? I am a good person, I've never been drunk, I've never smoked weed or literally done anything wrong in my life but I will admit this is a mistake and I'll accept responsibility for it. I have been seeing a counselor for a year or so because of my parents divorce and she has gotten to know me well, if I ask her to come to court with me will it have any affect on the judge's decision or will he just see me as another shoplifting kid? I really don't want to go to court...is it possible to call Wal-Mart and pay them money and then not have to go to court? I don't have much money since I'm starting college this year but I will be able to borrow it from my Mom if I need to. If I really can't avoid court then what sort of fine am I looking at or community service or something? Also should I contact a lawyer?

Thanks a lot guys.
 
Yes you should contact a lawyer. You could be facing felony charges depending on state law. When you talk to this Attorney ask him if diversion is available in your case. It would also not be a bad idea to enroll an dhave completed an Anti Shoplifting course before court. You might also work a deal with DA (through your Attorney) that would help prosecute your friend since it was his plan
 
Felony theft levels

FELONY THEFT LEVELS
STATEAMOUNT PER STATE
Alabama $500
Alaska $500
Arizona $250
Arkansas $500
California $400
Colorado $500
Connecticut $1,000
Delaware $1,000
Florida $300
Georgia $300
Hawaii $300
Idaho $1,000
Illinois $150
Indiana Theft is a Class D
Felony, regardless of amount
Iowa $1,000
Kansas $1,000
Kentucky $300
Louisiana $300
Maine $1,000
Maryland $1000
Massachusetts $250
Michigan $1,000
Minnesota $250
Mississippi $500
Missouri $500
Montana $1,000
Nebraska $500
Nevada $250
New Hampshire $500
New Jersey $250
New Mexico $250
New York $1,000
North Carolina $1,000
North Dakota $500
Ohio $500Oklahoma $500
Oregon $750
Pennsylvania $2,000
Rhode Island $500
South Carolina $1,000
South Dakota $500
Tennessee $500
Texas $1,500
Utah $1,000
Vermont $100
Virginia $200
Washington $750
Washington DC $250
West Virginia $1,000
Wisconsin $2,500
Wyoming $1,000

Long as the total value of theft did not exceed felony theft threshold in bold above this should be misdemeanor. However if other circumstances apply (premeditation) it could be felony. The Attorney you talk will know
 
Wow. That's seriously a relief. So if it's a misdemeanor what does that mean for my record? Will it still be on there for 5 yrs. or is it easier to get off? I'm going to contact an attorney on Monday so I won't really know anything until then, I'm going to call NASP today to get a registration form because I'd definitely like to go into court saying that I've done something productive.

About the counselor thing, I assume that won't do much right? Also, I really don't want to involve my friend with this unless there is some sort of unbelievable deal where I get off completely free, it wasn't really his fault. It was my decision and I got caught.

Thanks so much for the help, I really appreciate it.
 
First off I am only "guessing" its misdemeanor its possibly you can be charged with a felony based on circumstances (planned theft) conspiracy is also an option. What is penal code on your citation?
Records dont fall off after 5 years they are forever! That is why I suggested you ask about diversion.
 
Great...well my friend had told me that I can get it removed after 5 years or something like that, ha. What do you mean the penal code for my citation? All I have is a piece of paper that says like information about me and then what I did. The only number on here is 2913.02 which I was in violation of.
 
The only number on here is 2913.02 which I was in violation of
Click to expand...

Is likely the penal code. I doubt your friend is a lawyer moonlighting at a retail store so legal advice from him is questionable at best. After all he is the person who put you up to this
 
Route: Ohio Revised Code
» Title [29] XXIX CRIMES - PROCEDURE
» Chapter 2913: THEFT AND FRAUD



2913.02 [Effective Until 9/30/2011] Theft.


(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent;

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(3) By deception;

(4) By threat;

(5) By intimidation.

(B)(1) Whoever violates this section is guilty of theft.

(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), or (8) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more and is less than five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is five hundred thousand dollars or more and is less than one million dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million dollars or more, a violation of this section is aggravated theft of one million dollars or more, a felony of the first degree.

(3) Except as otherwise provided in division (B)(4), (5), (6), (7), or (8) of this section, if the victim of the offense is an elderly person or disabled adult, a violation of this section is theft from an elderly person or disabled adult, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from an elderly person or disabled adult is a felony of the fifth degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, theft from an elderly person or disabled adult is a felony of the fourth degree. If the value of the property or services stolen is five thousand dollars or more and is less than twenty-five thousand dollars, theft from an elderly person or disabled adult is a felony of the third degree. If the value of the property or services stolen is twenty-five thousand dollars or more and is less than one hundred thousand dollars, theft from an elderly person or disabled adult is a felony of the second degree. If the value of the property or services stolen is one hundred thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree.

(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.

(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.

(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.

(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.

(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.

(9) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:

(a) Unless division (B)(9)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;

(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(9)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.

(10) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code.

(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(9) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.

Effective Date: 04-08-2004; 11-26-2004; 06-30-2006; 03-14-2007; 2008 SB320 04-07-2009

This section is set out twice. See also § 2913.02, as amended by 129th General Assembly File No. 29, HB 86, § 1, eff. 9/30/2011.

2913.02 [Effective 9/30/2011] Theft

(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent;

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(3) By deception;

(4) By threat;

(5) By intimidation.

(B)(1) Whoever violates this section is guilty of theft.

(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), or (8) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.

(3) Except as otherwise provided in division (B)(4), (5), (6), (7), or (8) of this section, if the victim of the offense is an elderly person or disabled adult, a violation of this section is theft from an elderly person or disabled adult, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from an elderly person or disabled adult is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from an elderly person or disabled adult is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from an elderly person or disabled adult is a felony of the third degree. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from an elderly person or disabled adult is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree.

(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.

(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.

(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.

(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.

(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.

(9) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:

(a) Unless division (B)(9)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;

(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(9)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.

(10) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code.

(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(9) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.

Amended by 129th General Assembly File No. 29, HB 86, § 1, eff. 9/30/2011.

Effective Date: 04-08-2004; 11-26-2004; 06-30-2006; 03-14-2007; 2008 SB320 04-07-2009

See 129th General Assembly File No. 29, HB 86, §4.

This section is set out twice. See also § 2913.02, effective until 9/30/2011.
 
Ah, I know what they are talking about. The website said it should be stamped on there but on mine at the top it says "Case No.:" and then there is a stamp that says COPY. I guess I'll need to call the office and figure out what my number is so I can register for that program.

When I talk to my lawyer on Monday I'll let you know how it turns out.
 
shrinkmaster said:
Felony theft levels

FELONY THEFT LEVELS
STATEAMOUNT PER STATE

California $400

Long as the total value of theft did not exceed felony theft threshold in bold above this should be misdemeanor. However if other circumstances apply (premeditation) it could be felony. The Attorney you talk will know
Click to expand...

FYI ..
That is now up to $900 for California.
 
cdwjava said:
shrinkmaster said:
Felony theft levels

FELONY THEFT LEVELS
STATEAMOUNT PER STATE

California $400

Long as the total value of theft did not exceed felony theft threshold in bold above this should be misdemeanor. However if other circumstances apply (premeditation) it could be felony. The Attorney you talk will know
Click to expand...

FYI ..
That is now up to $900 for California.
Click to expand...


Thank you I forgot to change it. I will do so now
 
Hey guys,

I just wanted to give an update on what happened with me because I know I read that not a lot of people come back after they get initial help. I contacted a couple lawyers and ultimately decided against it because I figured I would qualify for a public defender (about to go to college living off loans basically), which I did. I just talked to him today and he told me that I would most likely qualify for diversion but we would have to wait til the 18th which is when my new court date is to be sure. He also said that if I don't do anything wrong for a year (this is if I don't get diversion) that I'll be able to request that my records be sealed and then I would honestly be able to say that I haven't been convicted of anything on job applications, etc. (would not work for the military, however). I think I remember reading that on here though, anyways I just wanted to let you guys know what happened with me and I'll update after my trial. Thanks again for everyone's help I really appreciate it.
 
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