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    low's Avatar
    low Posts: 4, Reputation: 1
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    #1

    Dec 14, 2007, 03:23 PM
    Shoplifting and background check
    I got caught shoplifting at Macy's in Georgia yesterday. It was under $100 and hence a misdeamenour. It was my first time and I am totally devastated and ashamed of myself. I wasn't arrested but I was told to pay a fine of $150 to Macy's, and a cop was called to the scene who gave me a citation to come to court in 30days.

    Now I am a pharmacy student and I need to renew my intern license every year. Our college of pharmacy also requires that every student interns for about 400 hours during the summer. I am scared now that I may never get a intern licence and would have to be kicked out of school. I am so worried, I am besides myself. Pharmacy is my dream and I would hate that this one stupid mistake would ruin my life and career forever.

    Please advice me on what to do. Is there a way I won't have to appear in court? Because I know I would have to plead guilty and this would show on my record/background checks and NO RETAIL PHARMACY would ever employ me. If I do appear in court, is there a way I could ask that it shouldn't show on my record? Please please please... somebody advise me. I am so scared. Thanks


    P.S Some people said because I was not arrested it shouldn't be a problem, but I am still scared. Im not sure I can afford a lawyer either.
    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
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    #2

    Dec 14, 2007, 04:05 PM
    In misdemeanor crimes you can be arrested or issued a summons. The citation you received is a summons. It is the same as being arrested as far as your obligation to face the charges.
    You truly have put your career at stake. If you do not hire an attorney, you have little chance of getting it reduced. I say reduced because this will not simply go away. You should at the very least talk to an attorney concerning your options.
    Good luck.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Dec 14, 2007, 07:23 PM
    I agree with magprob. Perhaps an attorney could help you arrange a restitution agreement with Macy's in return for their dropping the charges, thereby sparing you a conviction and placing your eligibility for licensure in jeopardy.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 14, 2007, 07:29 PM
    You can't afford NOT to have a lawyer. As has been said,the summons you were issued is the equivalent of an arrest. You need to have an attorney represent you so you may be able to plead this down so it won't show on your record as a conviction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 14, 2007, 08:14 PM
    1. A ticket in Georgia is court summons to appear in court, you can receive a ticket on minor drug charges, and other misdemeanor crimes.

    On shop lifting there is no way you can't apper in court. And of course you don't have to plead guilty, and I would hope you did not make or write any confession or statement that can be used against you in court.
    Not from a church moral view point, but from a legal view point, does not matter if they find you with the smoking gun in your hand, you never confess without talking to an attorney first.

    Next In GA there are division programs, in that the judge will order community service, some fines and you go back to court latter to show you did the service and then the charges are droped, so there would be no record to show up for the medical background.

    But you NEED an attorney, sell your computer, borrow money, anything, get that attorney
    low's Avatar
    low Posts: 4, Reputation: 1
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    #6

    Dec 16, 2007, 06:07 PM
    Macy's asked me to pay a fine of $150 already. Isn't that already a restitution? Can I ask to pay more and get the charges dropped? They have a contact number on the payment slip. I intend to use an attorney when I get to court but can I call Macy's myself to negotiate or I absolutely have to have an attorney call them?

    Also I signed a form when I was being held at their holding room. I didn't read it thoroughly because I was very devastated, but I know it had something to do with me admitting that I took something from them. Since I already did that, is there a possibility that I won't have to plead guilty? I feel like they have too much evidence. If I plead not guilty and I am found guilty, would my punishment be worse than if I admitted guilt in the first place?

    One last thing.. would this already be on my record before I go to court? I am turning in some intern applications before my court date, and I was wondering if they would see this when they run a background check. Same as with the division programs where you do community service. Would it be on your record before you complete the service and THEN taken off or it would never even show up at all?

    Please reply. Thank you all for letting me know the importance of having an attorney, I really appreciate that. If anyone can, please recommend an affordable one. I just moved to GA so I don't know a lot of people I could ask.
    hewey1969's Avatar
    hewey1969 Posts: 4, Reputation: 1
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    #7

    Dec 16, 2007, 08:37 PM
    First, Macy's can't technically fine you. What they have done is ask you to pay "Civil Restitution", which is separate from the restitution that the courts will impose. If you don't pay it, they can sue you for it in civil court, and most state's laws allow them to collect this. So, you will still probably have to pay some fines and costs to the courts. Depending on where you are, you may be able get a "Prayer For Judgment" type of sentence, which basically means that, since it's your first offense, you can do some community service, pay all the fees and court costs, and there won't be a record of conviction.
    As for the background check, most of them DO show arrests, so any prospective employer can see that you were charged. So, it will depend on how the court case turns out as to whether it will be a serious problem.
    Hope this helps.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Dec 16, 2007, 08:49 PM
    Quote Originally Posted by low
    Can I ask to pay more and get the charges dropped? They have a contact number on the payment slip.
    Please don't do, or say, or call anyone without the advice of an attorney. You wouldn't want to put your foot in your mouth by calling when an attorney may be able to get you out of this. Remember... anything you say can and will be held against you in a court of law.

    Quote Originally Posted by low
    I intend to use an attorney when I get to court
    You need an attorney BEFORE you get to court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Dec 17, 2007, 06:38 AM
    Quote Originally Posted by hewey1969
    As for the background check, most of them DO show arrests, .
    In my experience, only convictions are shown on regular background checks. If the checkers want to pay for a more in depth check,they might find the arrest record,but that is less likely.

    Most diversion programs will expunge your record, but only AFTER you complete the program. So the conviction will remain until you complete what the court orders you to do.
    low's Avatar
    low Posts: 4, Reputation: 1
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    #10

    Jan 7, 2008, 02:02 PM
    Thanks everyone for your help in the past... I have an brief update...

    I spoke to a lawyer over the xmas break and have agreed to go with her services, I should be going in tomorrow to pay and sign the contract.

    After making my appointment to see my lawyer tomorrow, I decided to call the number at the back of my ticket today to get more information. I got this message : "there are no records found under that citation #". What does this mean? I got my citation around the 15th of December and my court date is next week (15th), so it should have posted right (they said it takes about 10days)? Did the police officer forget to turn it in? Don't court cases report on the automated system? Please I would appreciate some feedback.

    I called my lawyer back and told her what happened, but she said there was a way she could check the court records and YES! My ticket was indeed in the system but they were just backlogged that's why it didn't come up. She said I should come in asap tomorrow and pay her fees, so she can submit a plea in time and I won't even have to show up in court. Is this possible that there is a database that she can check this info? Or is she just playing on my naïveté? I know what I did was wrong and honestly I have been paying restitutions in my own way, but could my lawyer be trying to make me pay for her services, when it seems like I don't even have a case? I am confused... please someone help me out? Thanks a lot


    P.S My case is at a recorder's court... does this signify anything w.r.t severity?
    low's Avatar
    low Posts: 4, Reputation: 1
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    #11

    Jan 7, 2008, 02:04 PM
    And is it possible that a shoplifting case won't have to show up at all in court? Even for dismissal purposes?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    Jan 7, 2008, 05:06 PM
    You need to pay macy as soon as possible but for sure before court.

    You need an attorney to be with you in court. Your attorney will show you paid macy and that you are sorry, he will ask that you be given community service or other action, and when you finish this, the charges will be droped ( then there is no conviction ever on file)
    jason111348's Avatar
    jason111348 Posts: 1, Reputation: 1
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    #13

    Mar 17, 2008, 07:53 PM
    Hi Low,
    I am on same boat. Exactly same thing happened to me as well and I am so misrable right now. I have lost my confident and can't sleep at night anymore.
    Could you please tell me what happened with you at the end. Did everything workedout for you as you wanted. Is you record clean now.
    I have a court date in a month. Please advise me based on your experience.
    nurse101's Avatar
    nurse101 Posts: 6, Reputation: 1
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    #14

    Jul 19, 2010, 11:44 AM
    Along with jason111348, I too had the same thing happen to me :( it has made me physically sick and I don't know what to do. I am only 18 and can't afford a lawyer, yet don't want my parents to find out/ pay for anything. This whole situation has made me feel so guilty and I know now that taking stuff is NOT worth anything. If I would have just paid for the stuff, it would have been better off. But now I have to deal with this. My future is at stake because I am going for nursing and this can affect my opportunities and I don't want it to. What happened to you, as in is your record clean? Please tell me what went on in the court and like jason said, if you could please advise me on what to do. I really need some advice. Thanks so much

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