Shoplifting, Larceny, Robbery, Theft Petty Theft Help?!

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pheaton

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Here is the story. I stole a gift card from a Home Depot customer. Worth about $160 Stupid I know. Home Depot asset protection caught me and pulled me into their office and began their interrogation.

They told me how they had me on camera and how things would be a lot easier if I just cooperated and admitted what I had done. I have never done anything like this, so I came clean, admitted my fault. He asked if I had the gift card, I told him yes and that it was in my wallet. He told me to leave it there. . I just wanted to get out of there.

They asked me to fill out a statement about what I had done. Which I did. He also informed me that the Home Depot notified the customer and had reimbursed them the money. He asked if I would be willing to pay restitution to the Home Depot for the money they were out reimbursing the customer? I told him that I would. So he also had me fill out a form saying that I would pay Home Depot restitution.

The asked me to please wait, that they would get me on my way shortly. Well, that wasn't true. They called the police. The officer asked me what was going on and foolishly I told them without a fight. This whole time I'm confused, scared, completely unaware of my rights in this situation.

The officer asked to see my ID and give her the gift card. Which I did. The officer left the room. After several minutes the officer returned. She informed me that a gift card wasn't considered fraud, and therefore was a misdemeanor. She also informed me that the Home Depot could not press charges, because it was not their money, it was the customer's money. However, the customer wanted to press charges, so I was going to be arrested. The Home Depot deactivated the stolen card and as I said above issued the customer a new gift card.

So I was given a citation with date to appear in court (technically arrested I guess). The offense is simply listed "theft".

So what do I do now? Am I screwed because I spilled my guts? Also I have a feeling that Home Depot is going to come after me for restitution. Does the gift card that the officer took from me and was deactivated count as restitution? Can Depot still make me pay $160? I can't afford a lawyer and since this is my first offense, I obviously don't want this on my record. I would like to get this dropped, or reduced if possible.

So do I plead not guilty and get a public defender and try to drop it, or do I plead guilty and pay the piper?
 
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
It won't go away by paying a fortune to a lawyer. An arrest will always show even if dismissed so please be aware of that. You signed saying you'ld pay restitution so you probably will be required to pay and be aware they might charge even more than the gift card was worth and may call it administrative fees. I would get a lawyer though so as to help navigate through the legal processes and to make sure no mistakes are made that could cost you a lot more than money. Also be aware you might be "banned" from Home Depot, so check that out.
 
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