Misdemeanor (Larceny)

[littleme87]

What is the name of your state (only U.S. law)? North Carolina

So, I did the dumbest thing of my life tonight -- I accidentally stole from Wal-Mart. I went in, got markers, a four pack of Starbucks iced coffee, and a fake Christmas tree, and bagged my items myself while in the store, still. I then received a phone call, wandered around the store a bit near the front, and spaced out and walked out with my cart. The next thing I knew, I was being tapped on the shoulder by a man who asked if I had a receipt, and I was taken in to LP.

They had me on camera bagging my things, entering/exiting the store, and I had to sign something saying I'm not a minor (I'm 25.) An officer came and gave me a citation rather than arresting me, and I have a court date two weeks from now.

I feel so incredibly stupid, and I told them that I understand why it looks as bad as it does. The LP people were very nice to me, and the officer was as well. They answered all the questions I had and seemed to believe that I hadn't intended to steal anything, but because of how much there was ($80, roughly) they had to charge me.

What should I do? I'm so terrified that I'm going to be sentenced and have to go to jail, or that this will be on my record forever. If I am found not guilty, will it go on my record? I have heard a little about a 'prayer for judgement' -- is it possible for that to keep it from being on my record? Most of the information I've found has indicated that I will have to pay a fine, which is not a problem if it ends there. Should I get a lawyer? I'm a teacher, and I'm really terrified that this is going to end my career because I was an idiot and didn't think. What are my options, and what is (roughly) the amount of the fine I'd have to pay? How should I phrase my plea when I'm in court? How likely is it that I'll stand before a judge?

 

[Eekamouse]

What a total crock! You didn't accidentally steal from Wal-Mart. You did so deliberately and got caught doing it. You're a teacher? Yikes! I don't relish the idea of somebody like you teaching children.

 

[tranquility]

Sorry, while I am an iconoclast, I'm going with Eekamouse. Your knowledge of slang and jargon makes me think this is not you first rodeo. Try another tack. Or, be a bit more stupid.

 

[littleme87]

My knowledge of slang and jargon, as you put it, stems from working retail in college. That's how I know the term 'LP.'

Please help me. I'm really freaking out, and no, I didn't intend to steal at all. I got about three feet out the door before the guy stopped me -- if I'd gotten much farther, I would have realized my mistake myself and gone back inside to pay.

 

[Shannongiles16]

Ive done some forgetful things like driving away from a gas pump with the pump nozzle still in the tank. That said Id wager that bagging an item will probably look like intent to a judge. Locally concieling an item or changing the price is the same as shoplifting. I dont know firsthand but I reckon that bagging might be considered concealing. gl

 

[Eekamouse]

NOBODY goes into Wal-Mart and picks up random items and bags them before going up to the register. Any sane person would know that gives the mistaken impression to the casual observer that the items have already been paid for.

 

[You Are Guilty]

Exactly how does one "bag" an item before reaching the register? Where does the bag come from? (If one were to say, bring the bag with them from home, we have reached a whole new level of crime here).

 

[sandyclaus]

I'm ALSO not buying the "I accidentally stole" crap. I'd expect more integrity from someone who claims to be a teacher, and therefore an example and an influence on how children are supposed to think and act. I'm ALSO not buying that if the LP person hadn't caught you that you would have gotten so nervous that you would have turned around and returned the items yourself.

Here's the potential penalty for a conviction (note that I didn't just include the info for a first conviction, but also for subsequent offenses as well):

For a first conviction, or for a subsequent conviction for which the punishment is not specified by this subsection, the defendant shall be guilty of a Class 3 misdemeanor. The term of imprisonment may be suspended only on condition that the defendant perform community service for a term of at least 24 hours. For a second offense committed within three years after the date the defendant was convicted of an offense under this section, the defendant shall be guilty of a Class 2 misdemeanor. The term of imprisonment may be suspended only on condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation, perform community service for a term of at least 72 hours, or both. For a third or subsequent offense committed within five years after the date the defendant was convicted of two other offenses under this section, the defendant shall be guilty of a Class 1 misdemeanor. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 11 days. However, if the sentencing judge finds that the defendant is unable, by reason of mental or physical infirmity, to perform the service required under this section, and the reasons for such findings are set forth in the judgment, the judge may pronounce such other sentence as the judge finds appropriate.

All of this will likely be accompanied by a NO TRESPASS order, barring you from ever setting foot in that store again, subject to arrest if you do. And then there's the civil penalty that comes with shoplifting - a civil demand for around $200-250 from the retailer as statutory compensation for the theft. This will apply regardless of how much you stole, and whether or not the store got everything back and in good condition. While some people consider this to be legal extortion, it's NOT. The law allows for it, and you will have to pay it whether you like it or not - or face the possibility of being sued to recover the amount, along with a judgment on your credit report.

 

[Zigner]

I will start out by saying that I agree with the others. I simply don't believe the story.

With that said, I must say that it does happen that people "bag" their items before proceeding to the registers. For example, my wife and I often go shopping for a few odds and ends and take our reusable bags. Instead of using on of those bulky hand-held plastic baskets, we simply put the items in our reusable bags and then take them out to place them on the register and pay for them.

Of course, I don't think that's what our OP did at all...

 

[Shannongiles16]

I was curious about that zigner. If they were the reusable bags maybe a case could be made for forgetfulness. Even being absentminded Id have to say we are subject to force of habit. Personally, I would never wander anywhere but to the register even if my mind was distracted unless there was some kind of emergency on the phone. I went to the store for a couple of items for thanksgiving dinner and almost placed an item in my pocket as I didnt have a cart.

 

[TheGeekess]

I will start out by saying that I agree with the others. I simply don't believe the story.

With that said, I must say that it does happen that people "bag" their items before proceeding to the registers. For example, my wife and I often go shopping for a few odds and ends and take our reusable bags. Instead of using on of those bulky hand-held plastic baskets, we simply put the items in our reusable bags and then take them out to place them on the register and pay for them.

Of course, I don't think that's what our OP did at all...

The Boyfriend and I have done this a time or two. I feel uncomfortable doing it, but he insists that there's nothing wrong with it since we're paying for the items at the cashier stand.

 

[Eekamouse]

I think it's a really bad habit to get into. How hard is it to get a cart? If I was LP and saw someone putting things into a reusable bag, I'd confront them with shoplifting immediately.

 

[TheGeekess]

I think it's a really bad habit to get into. How hard is it to get a cart? If I was LP and saw someone putting things into a reusable bag, I'd confront them with shoplifting immediately.

Sometimes you're not getting enough stuff to warrant a cart. Sometimes it's a bunch of little items (think fishing lures/hooks/weights) that would scatter to the floor instead of staying politely in the cart until you get to checkout.

 

[betachains]

I think it's a really bad habit to get into. How hard is it to get a cart? If I was LP and saw someone putting things into a reusable bag, I'd confront them with shoplifting immediately.

Never shopped at Whole Foods, huh?

Fortunately for me, I don't give a cr about the environment and just pay extra for the paper bags. (Plastic bags are banned in my locale.)

 

[betachains]

Exactly how does one "bag" an item before reaching the register? Where does the bag come from? (If one were to say, bring the bag with them from home, we have reached a whole new level of crime here).

In the more PC areas of the country, you are encouraged to bring your own shopping bag(s). In my current locale, several cities now charge extra for giving you a paper bag for your groceries.

I think the prevailing custom is still to do the shopping with a cart or basket, and then give your bag to checkout guy/gal. But, I would think that some people would just bypass the cart or basket altogether. I will take a closer look at my fellow shoppers next time I hit Whole Foods.