Shoplifting, Larceny, Robbery, Theft What can be done?

[sillygirl94]

My best friend (20yrs old) was caught shoplifting (under $60). She was cuffed and detained, issued a no trespassing paper (they didnt have her sign it, they just wrote 'refused' in the signature spot even though they didnt even ask her to sign it), the cops took her to county and booked her for misdemeanor retail theft, she was then released on ROR. This was her first time EVER doing something like this and she knows what she did was wrong and she feels shameful and alot of guilt. She wants to know what she can do to lessen or drop the charges? She isn't employed. Does she qualify for a Diversion program, Anti-theft classes or Community Service? If she does these things and completes them, will her record be clear?

 

[shrinkmaster]

The qualifications for ACD or Diversion vary but she likely does. If she is not employed she also likely meets criteria for public defender. Tell her to plead not guilty and request public defender. When she meets this Lawyer she can ask about Diversion

 

[sillygirl94]

Could she plead no contest? The store has it on surveillance.

 

[shrinkmaster]

If she does not Judge will sentence her! With no plea deal in place she could get whatever Judge is in mood to give. I advise people like your friend and retailers on retail theft issues for a living. Your best option is what I said in my first post

 

[CdwJava]

A plea of "no contest" has, effectively, the same penalty as "guilty." All the no contest plea does is disallow the conviction from being used as evidence of an admission of guilt in a civil proceeding.

As mentioned, her attorney should be able to provide her information on diversion if it is available.

 

[sillygirl94]

When will she meet a public defender? When should she ask for one? Can she get one before the court date (after she receives the letter with the date)?

 

[CdwJava]

When will she meet a public defender? When should she ask for one? Can she get one before the court date (after she receives the letter with the date)?

Policies can vary. If her county has a public defender's office, she can contact them and ask when she might get one assigned. If not, she can check with the court. Most often, assignment of defense counsel will occur at arraignment (when she goes to court to hear her charges and enter a plea). It might be best for her to plead "not guilty" and ask for counsel to be assigned. She can always plead guilty or no contest later if that is what her attorney recommends and she decides is the most effective course of action.

 

[Betty3]

Since this was a retail theft, her name may be entered into a retail theft database if the store is a member.