Shoplifting, Larceny, Robbery, Theft Misdemeanor Shoplifting from Target

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mnus

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This all took place in a Target in Atlanta, GA.

So yesterday I was caught for doing something incredibly stupid, namely changing the price tag on a set of DVDs valued at $180 to one for $20. I paid for the lower priced item and was stopped at the door by LP. They brought me into the back and informed me that for anything above $40 they were required to call the police. I was never read my rights, but the officer did tell me that he was required to take me to the station where I would absolutely go to jail. It appears to me from reading these threads that he could have let me off with a citation to appear at court as it was a misdemeanor and it was my first ever offense. They had me sign a statement for Target's records accepting blame for the act. I was taken to jail, processed and fingerprinted and then allowed to sign my own bond after 6 hours in jail.

I am wondering a few things: First, is it possible for me to avoid having a permanent record for this action in any way? I am a graduate student and this could be a terrible stain on my career if it reflects on my permanent record. Second, is what could Target do about this- do they have the right to request that I reimburse them, even though they recovered the merchandise and no permanent harm was done to anyone or anything (besides potentially my record!) Third, I was told in jail by the woman who took care of my bond that I would most likely not have a trial for 6-12 months and that there is a good chance the "witness" (security guard at Target) would not end up showing up and the case would be thrown out- is that common? The police officer had originally told me my trial would be the next day (today) and even called Target to tell the witness, but while I was in jail they told me that I would get a trial date by mail so I did not make any effort to show up today (I was never told where to go today anyway).

Any advice anyone can give me would be great! I am 24 and this may not be the first stupid thing I've ever done, but it is the first (and last!) criminally stupid thing I've ever done...I'm quite scared about having it reflecting on me for the rest of my life.

thanks for anything in advance,
Matt
 
even if the case is dropped the arrest will show up, you are over the age of 18 so I am sorry to say it looks like it will be there for good, unless you can hire a good attorney to get it wiped out. Also don't rely on what someone at the jail told you, they are not an attorney.
 
Yep, they have the absolute right to request to be reimbursed.

I would be talking to an attorney about this. I would not listen to any so called legal advice lay people are giving you. I am not sure if this is a misd. in your state, because of the value og the merch. it could be a felony.
 
clarification

Thank you for the responses. I know for certain that it is a misdemeanor, I have looked into it and under $300 worth of merchandise is classified as a misdemeanor.

Also, as for the other issue- if the witness does not show up at the court date- what happens? Can the judge still decide to sentence me? Do I still have to enter a plea?
 
The first thing to do is to contact an attorney as Duranie suggest. Your lawyer would evaluate the evidence and see if there is a chance to get the charge dismissed or to fight it or maybe just cut a plea. Depending on the disposition of the case, you might be able to expunge it or seal your record. Just don't cooperate with them without your attorney. A judge or jury can sentence you if the prosecutors can prove you are guilty beyond a reasonable doubt, regardless of the presence of a witness or not.
 
Does anyone know the process in GA, or more specifically Fulton County, for applying for Deferred Adjudication? Also, if you successfully receive this sentence, does that mean that it is possible to have your record expunged at some point in the future? I am not quite clear on what the practice of DA means in a legal sense.

Also, is it possible to avoid appearing in court before a judge if you apply for this process before your court date?

Thanks again for your advice. Also, if anyone could recommend a good lawyer that deals with misdemeanor cases in Atlanta, I would really appreciate that as well!
 
Your lawyer would explain the process to you………….Your lawyer can walk you through the process and cut a deferred adjudication deal with the DA. He can be in court for you in your absence unless when your presence is required……..rarely………. In some states, the record can still be expunged depending on the class of the charge. But if the offense does not qualify for expunction, it can be sealed in most states.
 
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