[Christina89]

Today I was caught shoplifting in a department store. The total of the things I took were about $80. As I was walking to my car, a woman followed me and told me to come with her back inside, I already knew what it was. When I got inside we went to a room and she took the clothes out of my purse. She then took a picture of me and the mall security came and gave me a form saying I was banned from the mall for 1 year. Then a police officer came and got some of my information, but he didn't handcuff me or take me anywhere. The citation I got was from the polive dept. and said my offense was theft under $500! And I also picked a date to go to the jail to be "booked and processed", which I don't know what that means either. I'm 18 and a freshman in college, I don't want my parents to find out so I don't know what to do. The officer said something about it will get expunged since its my first offense, but I'm not sure. I don't remember much. Am I going to have to pay, is this going to be on my record? Was I arrested? I'm so confused, someone please help

[bmarigoni]

Booked and processed, also known as "book and release" is a way to get all your information in the system, and set a court date for a preliminary hearing. You have been cited on a relatively minor offense, however, you will most likely still need to go to court.

When they book and release, they will also check for any other warrants, and any other offenses. This is all sent to the court for your hearing. You will most likely have to request that it be expunged, but usually it will stay on your record for a while, and be taken off when you have reached your probationary period (probably one year without another related offense)

As for your parents knowing about it, when you commit a crime as an adult, it's all public information. Probably as easy as a search on the internet.. might be best to let them know and keep them in the loop.

At your prelim, you can have a lawyer, or they can appoint a public defender to your case, or you can go it alone. The prosecuting attorney will speak to you and try to get a plea. This may be in your best interest if you are guilty, because if you fight it and they win, the severity of the punishment is generally higher. Just tell the judge the truth, you will probably walk away with a fine, restitution, and probation. And yes, even if they took the clothes back from you that you allegedly stole, they can still get restitution. The best thing you have going for you is that this is your first offense.. that actually carries a lot of weight.

Good luck.

Bm

[Christina89]

Booked and processed, also known as "book and release" is a way to get all your information in the system, and set a court date for a preliminary hearing. You have been cited on a relatively minor offense, however, you will most likely still need to go to court.

When they book and release, they will also check for any other warrants, and any other offenses. This is all sent to the court for your hearing. You will most likely have to request that it be expunged, but usually it will stay on your record for a while, and be taken off when you have reached your probationary period (probably one year without another related offense)

As for your parents knowing about it, when you commit a crime as an adult, it's all public information. Probably as easy as a search on the internet.. might be best to let them know and keep them in the loop.

At your prelim, you can have a lawyer, or they can appoint a public defender to your case, or you can go it alone. The prosecuting attorney will speak to you and try to get a plea. This may be in your best interest if you are guilty, because if you fight it and they win, the severity of the punishment is generally higher. Just tell the judge the truth, you will probably walk away with a fine, restitution, and probation. And yes, even if they took the clothes back from you that you allegedly stole, they can still get restitution. The best thing you have going for you is that this is your first offense.. that actually carries a lot of weight.

Good luck.

Bm

Thanks for the info... but my "book and release" date is set for April 21, and I have to move out of my apartment at school to go back home, about 4 hrs away, so if they want me to do community service it will be pretty much impossible? I'm in Tennessee by the way, I don't know if that changes anything? And you were saying this will be on my record for a year?. iwas planning on working all summer to get money for school next year, but I guess that can't happen since they'll do a background check? & also I want to do everything I can in order for my parents not to find out... they would go crazy & it would probably be worse than it already is! I just don't know what to do & I can't find anyone to ask about. I can't afford a lawyer

[bmarigoni]

I would basically tell the prosecutor what your situation is. If you live 4 hours away.. tell them that. Sentencing isn't cut and dry. You may not get any probation, you may get just a fine, and you may or may not get community service.

The absolute worse thing you could do is NOT show up for your book and release, or any subsequent court hearings. This causes warrants to be issued, and it also makes judges angry at you. Make sure you go to all hearings and such. I would basically lay everything out on the table, let them know it was your first offense, what you were thinking, and what you have learned. In most cases, tell the prosecutor what you can do for a plea... they have room to work with you if you work with them. Once you show that you won't work with them, they will stop working with you. Even if you don't have the money to pay a fine, telling the judge or prosecutor that will help enormously.

It's surprising how many people just don't show up for court because they haven't got the money for the fine they know is coming.. and it just makes everything worse.

Having a conviction on a job application doesn't disqualify you for most jobs unless it is a felony conviction, or you lie on a job application. Most employers just want you to tell the truth. You may be passed up for jobs handling money transactions with a conviction for theft.

You may want to list your school address if you are that concerned about your parents finding out. They court or police may very well mail you documents with court dates , etc.

Bm

[Christina89]

Yes, I'm definitely going to the book and release.. how do I talk to the prosecutor? Do they just give me one, & I talk to him at the book & release on the date I'm supposed to go? I don't understand how this works.. when they caught me they didn't really explain everything to me, but I didn't think it was going to be a huge deal. But then after I started looking at similar situations on the internet & researching things about legal matters it seemed like it was more serious... am I supposed to know what to do or say?.

[bmarigoni]

If it is like most situations I have seen, you will be given a date and time to go to court and see the judge. This happens when you do your book and release. When you show up to court, the prosecutor pulls you in, tells you what you are being charged with, and tries to work out an agreement with you (plea). You talk for a minute, come to the agreement (usually something like "You plead guilty to misdemeanor B retail theft, and we will ask the judge for a fine of x amount of dollars in leiu of jail time, or x amount of community service in leiu of jail time.

So then you go sit back in the court room and wait for your case to be called.. you step up in front of the judge, prosecutor tells the judge what the charge is, and the cicumstance surrounding the incident. Then the judge asks what you plead.. if you plead guilty, then the prosecutor tells the judge that we came to an agreement of (whatever the bargain was) the judge decides if this is fair.. then asks if you want to be sentenced now, or later... you say now.. and he tells you what the punishment is.

Usually this part can be a little scary, cause they say "x amount of jail time to be waived by payment of a X amount fine" so it sounds like jail, but it means that you will go to jail if you don't carry out your end of the deal (such as a fine, or whatever)

Just listen up.. make sure at court that everything is explained to you and that you are paying attention. Don't ask a lot of questions at the jail.. it is not their job to hear your case.. they are just holding you. Don't make people repeat themselves.. especially not the judge or the prosecutors... they have a huge caseload on most days, and they want it all to go as smooth or smoother than you want it to.

Good luck.
Bm

[Christina89]

Yea I understand that... but if I shouldn't ask anybody I don't understand how I'm going to know what to do? I just need someone to sit down & tell me what's going to happen... so I'm definitely going to have to go to court? I wish they would have made that clear from the beginning.. are court dates set usually long after the booking and processing date at the jail? My lease is up at my apartment here in town on April 29 and I have to move out, so I really hope its not longer than a week after..
Also.. do you have any idea at all what the fine would be like if I was to get one? Thanks for you help..

[Fr_Chuck]

Ok, when you appear to be booked, they will take your photo, fingerprint you and get other identifiing information on you.

Then when you appear in court, you have the right to an attorney, I would advise you have one with you. But you will be asked to plead guilty or not guility, if you have an attorney they will ask for some community service for you.

So what if it is hard for you to do it, you caused this problem and now seem to think that you don't have to do something about it.

So you have to go back and do community serivce, would you rather have a criminal record the rest of your life,

The fine is less than 1000 dollars, but then you also have to admit on every job application for the rest of your life that you were convicted of a misdemeaner.

[bmarigoni]

I apologize if it sounded like I said t not ask any questions. Just make sure you ask the questions to the right people. People at the jail have no part in what happens with your case.. it is not advisable to ask them questions. As for when you go to court, if you are unsure of something.. ask... If I were you, I would make sure to listen to everything, PAY ATTENTION! Many people at a court hearing pay no attention to what it happening in the court room, and then ask a million stupid questions after it is over. I would advise that you listen, pay attention, and take notes if you are not good at remembering stuff. If you feel that it is too much for you to handle, you may want to hire an attorney... they get really expensive, really quick.

Tell the judge or prosecutor that the distance to which you will be moving will make community service impossible. Try for a fine, and ask about getting it off your record. You'd be surprised at what you can get for just asking.

And face it, you want this to go smooth on a time line, however, when you shoplifted... you truly had disregard for everyone else involved, I wouldn't hope for everyone to bow down to your timelines. Theft is the most selfish of criminal acts.


Bm