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-   -   Caught shoplifting need answers (https://www.askmehelpdesk.com/showthread.php?t=248910)

  • Aug 14, 2008, 12:58 PM
    mf1421
    Caught shoplifting need answers
    Hi I was arrested for shoplifting a ocuple of weeks ago at a local walmarti don't know how things will go in court but I have a court date on August 21 I have an attorney but the thing is they are charging me with two counts of shoplifting one over 200 dollars and one under I have a clean record and have never been in trouble before I just need to know what could happen?
  • Aug 14, 2008, 01:32 PM
    JudyKayTee
    Quote:

    Originally Posted by mf1421
    hi i was arrested for shoplifting a ocuple of weeks ago at a local walmarti dont know how things will go in court but i have a court date on august 21 i have an attorney but the thing is they are charging me with two counts of shoplifting on over 200 dollars and one under i have a clean record and have never been in trouble before i just need to know what could happen?


    Your Attorney would better know the legal climate in your area -

    You will probably get probation, restitution, fines -
  • Aug 14, 2008, 06:05 PM
    Fr_Chuck
    Also depends on your age, minor or adult.

    But yes most likely a fine, repayment of costs to the store, and probation.
    Some judges gives a weekend in jail if they are doing a get tough on crime. Your attorney should know the normal.
  • Aug 15, 2008, 06:43 AM
    mf1421
    I'm 18 so unfortunately classified as an adult but you really think that as bad as it could get I really don't want to go to jail for even a night plus I have school starting soon. I think the court date above aug 21 is the preliminary trial but that two days before I go back to school how long do you think it will be to a true court date and verdict is reached I can't stop thinking about how stupid I was and I really don't think ill be able to concentrate on my school work with all of this constantly in my mind?
  • Aug 15, 2008, 06:48 AM
    ScottGem
    A first offense will almost definitely get nothing more than probation along with fines and restitution.
  • Aug 15, 2008, 06:48 AM
    zawatska
    What state are you from? And I highly doubt you'll go to jail considering it is your first offense and you are still in school.
  • Aug 15, 2008, 07:31 AM
    mf1421
    I go to west chester university in PA and is there any possible way to get this from not being on my record at all I mean does anyway know if wal mart is ever willing to negotiate or come to some kind of settlement to resolve this problem with a court decision?
  • Aug 15, 2008, 07:34 AM
    mf1421
    Cuaght shoplifting will they negotiate with me
    I have another question posted stating the situation that occurred this question is solely to find out if any one knows if walmart is known to negotiate or would they be willing to negotiate or come to a settlement to resolve this problem
  • Aug 15, 2008, 07:45 AM
    excon
    Hello mf:

    People negotiate because each one wants something that the other has. Certainly, YOU want something they have - the ability to NOT press charges. But, I don't think you got anything WalMart wants. WHY would they negotiate anything with you??

    In fact, it's in their interest to slam you as hard as they can. If they're nice to you, they invite shoplifters into their stores. Nope, they want shoplifters to know that they should pick some other store to rip off. The way to send that message is to prosecute every shoplifter to the fullest extent of the law.

    excon
  • Aug 15, 2008, 07:47 AM
    mf1421
    I've been doing some reading and one thing they would want is full restitution of the retail goods because even if I get screwed by them in court like your suggesting the court won't rewrd them any thing close to what they should get so they would still have loss profit I just wanted to know if there was apossibility that they would consider a negotiation
  • Aug 15, 2008, 07:48 AM
    JudyKayTee
    Quote:

    Originally Posted by mf1421
    i go to west chester university in PA and is there any possible way to get this from not being on my record at all i mean does anyway know if wal mart is ever willing to negotiate or come to some kind of settlement to resolve this problem with a court decision?


    In my area, no. I've posted this before. WalMart is tough. They stick to their policies and procedures and prosecute all shoplifters. In my area no matter what amount is stolen the shoplifter is apprehended by store security and the Police are called immediately. Never varies.

    It may be different in your area and your Attorney certainly is more familiar with WalMart's policies and the Court's practices concerning shoplifting.
  • Aug 15, 2008, 07:54 AM
    excon
    Quote:

    Originally Posted by mf1421
    one thing they would want is full restitution of the retail goods becuase even if i get screwed by them in court like your suggesting the court wont rewrd them any thing close to what they should get so they would still have loss profit i just wanted to know if there was apossibility that they would consider a negotiation

    Hello again:

    The court will order restitution. I don't know why you think it won't be enough. It might even be MORE than you stole. If they tell the judge that you ripped off $4,000 worth of stuff, and you said you didn't, who is the judge going to believe??

    Nope, restitution is better for WalMart too, because if you default on your restitution, you'll go to jail. If you default on a simple agreement to pay them, all they can do is sue you...

    Next is the profits you think they want... If they're NICE to you, the profits they'll lose because of NEW shoplifters will be in the millions of $$$.

    Now, if you've got millions of $$$'s to negotiate with, maybe they'll listen.

    excon
  • Aug 15, 2008, 08:00 AM
    mf1421
    One they can't change the price to a ridculous amoutn because its already been reported and charged. And like I said before they will not get as much restitution as the amounted goods because walmart wouldn't be giving me a break at that point it would be the prosecutors or the judge and they would want to keep that money in the court so they would keep more for helping me out and cutting me a break thus giving walmart less
  • Aug 15, 2008, 08:02 AM
    mf1421
    Yea I'm pretty sure all wlamarts have the same policies but it couldn't hurt to see if my attorney and I could negotiate with them could it?
  • Aug 15, 2008, 08:04 AM
    JudyKayTee
    Quote:

    Originally Posted by mf1421
    yea im pretty sure all wlamarts have the same policies but it couldnt hurt to see if my attorney and i could negotiate with them could it?


    It's 3 counts of shoplifting, right?

    Yes, I'd see what my Attorney could do. That's what you're paying him/her for.
  • Aug 15, 2008, 08:08 AM
    excon
    Hello again, mf:

    I like your attitude. Good luck.

    excon
  • Aug 15, 2008, 08:12 AM
    mf1421
    Haha thanks for the advice though it seemed lyk we were butting heads if indeed they deicde to negotiate ill remember what you said I got nothing they want so ill try to make it clear to them that they will receive more from the settlement then from prosecution
  • Aug 15, 2008, 08:13 AM
    mf1421
    It was only 2 type-o in the initial question and your rite ill be sure to ask him thanxs
  • Aug 15, 2008, 08:18 AM
    ScottGem
    First, I merged your two threads. Its not a good idea to start a new thread for the same issue.

    Second, I don't think you can negotiate with WalMart, but if you get a good attorney HE can negotiate with the courts. It MAY be possible for you to have a suspended sentence and do community service to get your record expunged.
  • Aug 15, 2008, 08:18 AM
    JudyKayTee
    Quote:

    Originally Posted by mf1421
    one they can't change the price to a ridculous amoutn bc its already been reported and charged. and like i said before they will not get as much restitution as the amounted goods because walmart wouldnt be givin me a break at that point it would be the prosecutors or the judge and they would want to keep that money in the court so they would keep more for helping me out and cutting me a break thus giving walmart less


    You are somewhat mistaken here - WalMart most certainly does have input in what happens. They can agree to a "settlement" or not agree. They can force a trial. It's their ballpark.

    And it's not either a fine or restitution - it can be both so everybody wins (except, of course, for you).

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