Q: Got booked and released for shoplifting at walmart. I was shopping with husband and kids I stole and concealed two items one in my bag and one in a cup I then went to self checkout and accidentally not scanned two items I went to leave they stopped me and went for the items I not scanned they asked about my bag but took my word for it they had nothing in them I was booked and released can I fight it in court that I'm innocent if they didn't catch me with the concealed items only the items I didn't mean to not scan? My dad wants me to fight it should I i Def learned my lesson times are hard the items only amounted to 15 dollars I don't wanna charge but ultimately I don't wanna go to jail.
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Answered . I am not a SC lawyer so I cannot comment on matters of SC law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for 23 years, then I would say that If this is your first offense then it is almost certain that you will be eligible for a diversionary program.
Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.
Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.
The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.
As an aside, if you had been arrested for retail theft in Florida then you likely would also receive a letter in the mail from the retailer demanding that you pay them money as a civil penalty. If this happens in Florida then in order for the retailer to get the civil penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute authorizing the civil demand (see F.S. 772.11) permits a retailer to seek a minimum of $200 in damages, but to do so they have to first file a civil lawsuit, which will cost them hundreds of dollars just to file, and then many more to prosecute. Their demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which has not yet, and which may never be, filed. Still, whether or not you pay them is both a personal and a civil, and NOT a criminal defense related, question.
All of that said, again I am not a SC lawyer and you are best advised to find a Summerville, SC area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.
Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.
The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.
As an aside, if you had been arrested for retail theft in Florida then you likely would also receive a letter in the mail from the retailer demanding that you pay them money as a civil penalty. If this happens in Florida then in order for the retailer to get the civil penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute authorizing the civil demand (see F.S. 772.11) permits a retailer to seek a minimum of $200 in damages, but to do so they have to first file a civil lawsuit, which will cost them hundreds of dollars just to file, and then many more to prosecute. Their demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which has not yet, and which may never be, filed. Still, whether or not you pay them is both a personal and a civil, and NOT a criminal defense related, question.
All of that said, again I am not a SC lawyer and you are best advised to find a Summerville, SC area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
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Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
You're welcome. And ty 4 the feedback!
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