Skip to content

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… Scroll down to read more!

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.



A:     Chosen as “Best Answer” by Asker!

2 lawyers agreed with this answer

Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Charles K. Kenyon Jr.
Charles K. Kenyon Jr.
Criminal Defense Attorney – Madison, WI

” href=”http://www.avvo.com/legal-answers/got-booked-and-released-for-shoplifting-at-walmart-2151831.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>2

Lawyers agree
Best Answer
chosen by asker
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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
No photo
Asker
Posted 18 minutes ago.
Thank u!
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted less than a minute ago.
You’re welcome. And ty 4 the feedback!
Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 


Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. “its all about reasonable doubt”!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Theft #PetitTheft #RetailTheft #Shoplifting #PettyTheft #CivilDemand #CivilDemandLetter #Walmart
0 0 votes
Article Rating
Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
Subscribe
Notify of
guest

This site uses Akismet to reduce spam. Learn how your comment data is processed.

0 Comments
Inline Feedbacks
View all comments

Categories

Archives

0
Would love your thoughts, please comment.x
()
x