Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Huge mistake--theft under $5000 (https://www.askmehelpdesk.com/showthread.php?t=205332)

  • Apr 13, 2008, 10:30 AM
    GuilTy
    Huge mistake--theft under $5000
    :( :( I made this huge mistake yesterday, me age 19 and sister ag 15. Made the huge mistake of going into superstore and stealing some stupid making worth $100. Apparently there was an undercover lady there that saw us put it in our purse. And when we were coming out of the store she came out and asked for the receipt and was like why didn't u pay for the makeup. And then asked us to go upstairs wit her. They told us they had us on camera and then the cops were called, we were both taking to the station and I was fingerprinted and given a court date, and my sister has a fingerprinting date and a court date.Im so confused about what's going to happen.is this going to show on my record forever.cause I'm a 2nd year bachelor of science student.so wit this on my record everything well go down the drain.Can someone please explain to me. What's going to happen in court.PLEASEEEE.This was my first time offence and the store said there charging me it theft under $5000. Can someone please give me more details about what to expect, Thank you s much for your time:(
  • Apr 13, 2008, 10:35 AM
    N0help4u
    It is up to the Judge. Often the very least they do is send you to some classes and charge you around $200 to $300. You can check with the court on eligibility and requirements for getting it expunged from your record eventually.
    I never could figure out why people steal something that costs them more in the long run.
  • Apr 13, 2008, 10:58 AM
    JudyKayTee
    Quote:

    Originally Posted by GuilTy
    :( :( I made this huge mistake yesterday, me age 19 nd sister ag 15. made the huge mistake of going into superstore and stealing some stupid making worth $100. apparently there was an undercover lady there that saw us put it in our purse. and wen we were coming out of the store she came out and asked for the receipt and was like why didnt u pay for the makeup. and then asked us to go upstairs wit her. they told us they had us on camera and then the cops were called, we were both takin to the station and i was fingerprinted and given a court date, and my sister has a fingerprinting date and a court date.Im so confused about whats going to happen.is this going to show on my record forever.cause im a 2nd year bachelor of science student.so wit this on my record everything well go down the drain.Can someone please explain to me. whats going to happen in court.PLEASEEEE.This was my first time offence and the store said there charging me it theft under $5000. can someone please give me more details about what to expect, Thank you s much for your time:(


    Probably a fine, possibly probation, ordered to stay out of the store. I would be more concerned that you had your younger sister along, participating in this shoplifting. That may not go over very well with the Court.

    Other people have posted the same scenario and they were simply stopped and told they could be arrested and then let go - for whatever reason that is not the case here.

    You were stealing and involved your younger sister - what do you think the penalty should be?
  • Apr 13, 2008, 11:01 AM
    N0help4u
    Have to spread the rep. Judy. I was thinking the same thing. Judge may take it more serious due to your 2nd year bachelor of science student and involving your sister. The Judge could very likely think you should have known better than some to do something like this.
  • Apr 13, 2008, 11:17 AM
    GuilTy
    I defnte undrstand I was wrong, instead of Involving her wit me, I should have been a better role model,so this obviously won't look so good in court, but what about the fact that this is my first offence, like I've nva ever ever had any problemes wit the cops.:(
  • Apr 13, 2008, 11:28 AM
    Izannah
    The fact that this is your first offense MAY make a difference. But it could depend on what judge you get, what their history is in cases like this, what side of the bed s/he got up on that morning or if the case right before yours really ticked her/him off. All cases are individual.
    You could show some remorse and get off with a "slap on the wrist" or you could be the one to be made an example of. The point is, it was wrong and you and your sister more than likely have the faculties to KNOW it was wrong. You got caught so now you have to face the consequences and just hope for the best.
  • Apr 13, 2008, 11:30 AM
    N0help4u
    It is basically up to the Judge and what the laws are where you live.
    You will probably have to take classes, pay a fine and stay out of the store at minimum.
    Other than doing what the Judge orders all you can do is ask about expungement.

    What is a Local Record Expungement?
    O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only. The arrest is expunged in its entirety from the FBI criminal history record.

    The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. All applications must be approved or denied by the appropriate prosecutor.

    To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Local Record Expungement. The request for expungement form is a three-part form:

    * Section One - You will complete Section One and return to the arresting agency.
    * Section Two - Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor).
    * Section Three - Completed by the prosecutor who will approve or deny the request.
    * Once the prosecutor completes their portion, they will forward the complete form to GCIC.
  • Apr 13, 2008, 11:46 AM
    GuilTy
    Quote:

    Originally Posted by N0help4u
    It is basically up to the Judge and what the laws are where you live.
    You will probably have to take classes, pay a fine and stay out of the store at minimum.
    Other than doing what the Judge orders all you can do is ask about expungement.

    What is a Local Record Expungement?
    O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only. The arrest is expunged in its entirety from the FBI criminal history record.

    The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. All applications must be approved or denied by the appropriate prosecutor.

    To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Local Record Expungement. The request for expungement form is a three-part form:

    * Section One - You will complete Section One and return to the arresting agency.
    * Section Two - Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor).
    * Section Three - Completed by the prosecutor who will approve or deny the request.
    * Once the prosecutor completes their portion, they will forward the complete form to GCIC.



    Thnk you for your help but I'm from BC, Canada. So does this still apply to me?:confused:
  • Apr 13, 2008, 11:50 AM
    N0help4u
    Yes it is possible in Canada, most shoplifting ?'s that I see on this site are from Canada.

    FAQ Pardon Information listed on CanLaw
  • Apr 13, 2008, 12:18 PM
    GuilTy
    Does anyone think I will need a lawyer?
  • Apr 13, 2008, 12:20 PM
    JudyKayTee
    Quote:

    Originally Posted by GuilTy
    does anyone think i will need a lawyer?


    I wouldn't appear without one, particularly because your under age sister was involved.
  • Apr 13, 2008, 12:20 PM
    N0help4u
    You can ask about a court appointed lawyer if you are low income.
    It is best to have a lawyer.
  • Apr 13, 2008, 12:28 PM
    JudyKayTee
    Quote:

    Originally Posted by GuilTy
    Thnk you for your help but im from BC, Canada. so does this still apply to me?:confused:


    "Theft is dealt with by Part 9 of the Criminal Code of Canada which is the part that covers property crime. Section 322 in Part 9 creates a general definition of theft. According to the general definition in section 322 a person steals a thing if he or she takes or converts it fraudulently, without colour of right and with intent to deprive the owner of it, either permanently or temporarily. For the purposes of punishment theft is divided into two separate offences by section 334 depending on the value and nature of the goods stolen. If the thing stolen is worth more than $5000 or is a testamentary instrument the offence is commonly referred to as Theft Over $5000 and is an indictable offence with a maximum punishment of 10 years imprisonment. Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as Theft Under $5000 and is a hybrid offence, meaning that it can be treated either as an indictable offence or a less serious summary conviction offence, depending on the choice of the prosecutor. If dealt with as an indictable offence Theft Under $5000 is punishable by imprisonment for not more than 2 years and, if treated as a summary conviction offence, 6 months imprisonment, a fine of $2000 or both."

    Straight from the Internet - it's at the discretion and choice of the Prosecutor. A lot depends on how far the store wants to go and, as I said, you involved an under age person. Obviously this could go on your permanent record - I have no idea what your career plans are but this definitely could affect them.

    What do your parents say about this whole thing and who is representing your sister?

    I'm sure you aren't in a mood - nor did you come here - for a lecture but do you know how much shoplifting costs the business owner, big box store or not? And that cost gets factored in to salaries and overall merchandise cost?

  • All times are GMT -7. The time now is 12:22 PM.