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Msteacher · Dec 5, 2008, 02:27 PM

I was recently caught shoplifting for items totaling $22.50 at a grocery store. The store has a policy that the police must be called for anything over $20. The police came but did not arrest, fingerprint, or take a mug shot of me. The wrote me a summons but it is for "trespassing" and says nothing on it about theft. When I appear in court, should I plead guilty to trespassing and assume that I won't be charged for more than what I was summoned for (i.e. theft). How will this most likely appear on my record? I am absolutely terrified for the outcome and have no idea what to expect right now. I know it was stupid and I'm not asking for judgement, just a legal opinion. I live in NYC where the incident took place. What should I do?

Lowtax4eva · Dec 5, 2008, 02:52 PM

Have you shoplifted from this store and been caught before? Usually they will charge you with tresspassing for just being in their store a second time.

Msteacher · Dec 5, 2008, 03:33 PM

No. I have never gotten in trouble in this store before. My record only has one misdemeanor from an incident in another state 8 years ago. I looke at the violation code on my current summons and it say peanal law 8 section 240 sub 45. I looked that up online and it has a description of trespassing, but says nothing about shoplifting. I'm very, very confused and scared.

Msteacher · Dec 5, 2008, 03:35 PM

No. I've never been in trouble in this store, or even this state before. I have one misdemeanor on my record from an incident 8 years ago in a different state. I looked up the violation numbers (penal law 8 section 240 sub 45) online and the description is of trespassing crimes but says nothing of shoplifting. I'm very confused and terrified.

JudyKayTee · Dec 5, 2008, 03:40 PM

Originally Posted by Msteacher

No. I have never gotten in trouble in this store before. My record only has one misdemeanor from an incident in another state 8 years ago. I looke at the violation code on my current summons and it say peanal law 8 section 240 sub 45. I looked that up online and it has a description of trespassing, but says nothing about shoplifting. I'm very, very confused and scared.

It is possible the Officer wrote down the wrong violation and will correct it in Court. It is possible that the store's policy is to charge trespass the first time (trespass with intent to steal, something like that) and shoplifting after that. Maybe they charged trespass in order to get an order to keep you out of the store.

Almost impossible to know - and I'm in NYS.

Fr_Chuck · Dec 5, 2008, 04:20 PM

Actually it will be up to state law, In Georgia for example any theft under 500 dollars is criminal tresspass, it has nothing to do with actual tresspass but that is what it is called.

Msteacher · Dec 5, 2008, 11:37 PM

If I wasn't arrested (the officers did state that), and my summons is written on a yellow traffic ticket (for trespassing), is it just being considered a "violation" which I can just plead guilty to and pay a fine? Or, am I being arraigned and tried for a misdemeanor? Again, the ticket reads "in vioation of penal law 8, section 240.45.

AlissaL · Jun 9, 2011, 11:55 PM

I have exactly same situation. I live in CA. Only 4 years after I found out that my penalty code was 62(k). It means TRESSPASSING. CA PC for shoplifting is 484(a)-488. I did not speak english wery well then and could not read the documents correct. I'got the info of my PC from the court over the phone. Because I did not save any of that papers... then I was told the oficer and lawer that is not big deal ( I was really super upset and embarased). After my probation (3years) I may be able easy expunge whatever record I have. All that time I live so poor with two of my kids... can not find job because the record. I did not know what is trespassing means. Last night I'v learned online. And I was crying all night. The trasspassing is mush worse then shoplifting, right?? And what shouil I do now? Go to court and find out what is going on... after 4 years past?? Can they fix it in my record? Can it be expunged?? I am so upset and confused. Really do not know what to do... Please any advice will help so much... Thank you.

JudyKayTee · Jun 10, 2011, 07:30 AM

I realize it sounds like I am passing you off without answering BUT you need an Attorney. I don't know enough detail to know how to advise you. You cannot get your record expunged without an Attorney and it is too late to change your plea. Did you have an Attorney at that time?

It is possible to attempt to expunge your record without an Attorney but it is a difficult process, particularly if you don't understand the legal system and/or don't speak English well - California Courts: Self-Help Center: More Topics: Criminal Law: Clean Up Your Criminal Record

AK lawyer · Jun 10, 2011, 09:05 AM

Originally Posted by AlissaL

I have exactly same situation. ...

No, it's not "exactly same situation". It's California, not New York. And you were convicted years ago, not facing possible charges as the OP was. That's why we ask that if you have a new question you start a new thread, rather than borrow an old thread.

Originally Posted by AlissaL

... my penalty code was 62(k). It means TRESSPASSING. CA pc for shoplifting is 484(a)-488.

...The trasspassing is mush worse then shoplifting, right??? ...

I don't think so. The shoplifting statute you cite talks about a fine and as much as six months in jail. I can't find the trespassing offense in there (The California Penal Code doesn't have a section 62(k).), but usually trespassing is not as serious.