Shoplifting, Larceny, Robbery, Theft help me please...petty theft

[miserable12]

I need help. I am ruined. I was cited for a petty theft offense under PC484.

Here is what happened. I went to buy groceries from a chain store. As i was walking down the isles, I remembered I needed to buy shaving sticks. Just a day earlier, I had a dental procedure, and my mouth was very dry, I picked a mouth wash strip, tore it open, and then realized, I should wait and pay at the counter. As for the shaving sticks, because I had placed all my stuff on the top sledge where the child seat is at, the shaving stick packet would always tend to slip down. So I tore them open, and put them in my pocket, thinking again that I would pay at the cashier. Unfortunately, at the cashier's, I forgot to pay for both the items, which lay in my pocket.
After paying, as i walked out of the store, a cop showed me his badge, and escorted me into a room. I was thoroughly confused and didn't realize till they asked me to empty my pockets. I was embarrassed to find four shaving sticks and 3 Listerine mouth freshener strip coming out of my pockets. But it was all too late. I was investigated, and I accepted my fault because I understood that there was no point in explaining my forgetfulness, and thus the position.

i was photographed and the cop handcuffed me. I was very co-operative, and more than that, in a state of fear and shock. They had recovered stuff out of my pocket, and no explanation could have mattered. When the dispatch arrived, they gave me a ticket and asked me to appear at the court on the given date. I have no criminal track record what so ever. The total value of the merchandize is $7.89

Please help me here with the following:

1. Will I go to jail?
2. What should I do now?
3.Can I take any action such as meet with the arbitrator or the judge and explain to them about what happened/
4. I cannot afford a lawyer. Would I need a lawyer, and how?

5. Should I plead guilty or not guilty despite the fact that these things were brought out of my pocket.
6. I have been jobless for 18 months now. Can I be given a payment schedule for any fines?
7. Would it be advisable to meet with the attorney and the judge.
8. Is there anything I can do to have it off my record?/
9 Do I plead guilty or no contest. What is the best option?
10. Can this matter be settled with the help of arbitrators or can a settlemtn be raeched?
11. How long will this remain on my records?


I don't even know what demeanor is in the first place? Please some one help me. Please. Please help!

 

[NYClex]

A "misdemeanor" is a category of crime in the criminal law. Criminal law distinguishes between felonies, misdemeanors and a third category which usually is called violations and is not really part of criminal law. The distinguishing fact nowadays is the severity of the punishment.

In most states misdemeanors mean crimes for which there is only up to 1 year of jail time, felonies are crimes where the penalty will be more than that. Violations are punished only by fines, like a traffic violation.

Theft of articles of a value under $ 10 always only are misdemeanors, often this crime is called "petty theft" or "petty larceny." In most jurisdictions the threshhold between "petit or petty" larceny and "grand larceny" usually is $ 500 or even $ 1000.


Now to your other questions:

It is most unlikely you will go to jail for a theft of articles that are worth less than $ 10 if you don't have a criminal record.

Usually these kind of things will be disposed of by a fine or probation and some hours of community work and the like.

If your county has a public defender's office you might go there before the date of the trial and talk to a lawyer about your eligibility to be represented by them and/or about how to proceed in this case.

You might get the same kind of information also in a Legal Aid office which is run by a non-profit organization and often offers legal advice for free or a low charge. Try the phone book.

In most states there are some ways to have a criminal record expunged or the case not even entered into the record if the case of a value like this. Often it depends on this kind of disposition what to plead. So it would be helpful to talk to a legal professional first. You might even call the prosecutor's office. They are also interested in a fast and smooth disposition of this case and might offer you something.

 

[miserable12]

Thank you very much for the reply sir. I went to the court house today, and they told me my name hasn't come into their records as yet and that I should come and seek a lawyer (public defender) about a week prior to my court date. Your answers have given me some hope, and at least peace of mind that I am not going to be jailed. I do not have a lawyer yet, and I don't understand the system very well. I spoke with a few lawyers as well, and one of them suggested the following three options:

1. To speak with the store and ask them not to press charges. In case they do so, then the court will still need to be convinced not to press charges.

2. To ask the court to consider it as an infarction, which probably is the lowest category like violation, and

3. Although I do not remember the exact terminology, but the bottom line was that the court will put me on a time frame, between 6 months to a year during which there would be no other such incidence and then to not to put it on my record.

Do you think these are valid options at all.
The problem is that I am in no position to seek professional help because of the high fees. Do you think the above three have any validity and can be worked upon if I seek help from public defender? What are the risks involved in speaking with the prosecutor? Wouldn't he want to prove me guilty and increase the fine or would he finish the case without me appearing before the court? In the court, should I plead guilty and ask for pardon or forgiveness or should I explain as to what had happened even if it was due to over dosage and interaction of ibuprofen and tylenol that I had taken for my toothache? This incidence occured becuse of my forgetfullness and extreme side effects and reaction to the medication that I had taken. I dotn knwo if this is an admissable or worth mentioning thing in the court.

Thank you once again for such a detailed answer. I appreciate it your reply from the bottom of my heart, and I look forward for your reply.

 

[NYClex]

This was very good advice you have been given, I would have advised exactly the same.

You should do it in the sequence above, starting with the store. A

To achieve numbers 2 and 3 you (or your lawyer) would have to talk to the prosecutor. Your plea will depend on the reactions of the prosecutor.

If he offers to lower the charge to an infraction, which is the same as a violation, and the fine would be, let us say $ 500, he would offer this under the condition that you plead guilty to this.

Such a deal is always a bargaining process: basically he says: OK, I lower the charge (and thereby the penalty) in exchange for you sparing me a trial, by pleading guilty.

That usually is also in the public defender's interest, because their workload is also very high. Therefore if a ublic defender will represent you, this is surely something he might recommend doing.

But it all depends on the details of the case, so please don't accept my word as any recommendation of action, since I am not familiar enough with any details.

Depending on the state law there is also the possibility of deferment, or however it might be called in your state. Basically it means that the court will say: If you don't show up here again being charged with something for the next 6 months, we will pretend you have never been charged or convicted. Usually the prosecutor has to agree to that, too.

So, try to obtain representation by a public defender, you will see that he will probably go into the same direction.