Arrested for Shoplifting in PA, not really guilty.

[richiexxxo]

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

30 y/o male, first "offense."
I was shopping in CVS, and opened a package to observe contents (valued at $12.79). I continued shopping and put the box down at one point to compare to food items. I left the empty box next to food items with contents of box in my pocket. I went to the counter and paid for other items. I realized I left the box behind and went straight from the register to the box. I grabbed it and returned to the counter, but about 2 feet before I reached the counter with box in hand, I was apprehended by 2 officers who pretty much came out of nowhere, who cuffed and booked me. This was all observed on camera. I want to enter a not guilty plea on the citation. I am trying to bring my fiance to the USA, and cannot have a criminal record. I am also curious about ARD, asking the officer before trial to change the charge to a disorderly conduct, or asking for Rule 586. Court Dismissal Upon Satisfaction or Agreement because it's a non-violent crime. Will I have a chance of beating this? If I'm found guilty, do I have options to avoid a criminal record? Any advice or help would be greatly appreciated.

 

[FlyingRon]

Actually, you are really guilty. Concealing the item even if you don't make it out of the store is presumed theft.

You are not only allowed to plead not guilty, you are encouraged to do so unless you have counsel as to the impact of pleading guilty.


How were you charged. Where you given something that looks like a yellow traffic ticket or a larger white sheet of paper that is a summons to a preliminary hearing/arraignment?

In the former, you're charged with a summary offense and it won't lead to a criminal record. You can try your lame excuse in front of the magistrate, but be prepared to pay the fine.

If you got charged as a misdemeanor, then you'd be well advised to get to a lawyer. ARD is an option. It will involve a period of probation and if you succeed the charges will be dismissed. It is however at the discretion of the DA and the court. You can always ask for a 586 in this case, but again it's entirely discretionary and in the courts I've been involved in you're unlikely to get it.

If you are convicted of the misdemeanor it is FOREVER (well practically, you have to be older than 70 or dead to get it expunged).


The time to think about "not having a criminal record" was before you took merchandise out of the box with the intent of depriving the store of it.

Get an attorney, you'll need one for the immigration issues anyhow.

 

[richiexxxo]

Thanks for your reply. I was given a yellow Non-traffic citation summons. However, my understanding is that a summary offense does go on your record. I imagine I am not able to get a public defender for this, I don't know if I can afford a lawyer. But I imagine it's best to consult an attorney before making a plead? Thanks again.

 

[FlyingRon]

Thanks for your reply. I was given a yellow Non-traffic citation summons. However, my understanding is that a summary offense does go on your record. I imagine I am not able to get a public defender for this, I don't know if I can afford a lawyer. But I imagine it's best to consult an attorney before making a plead? Thanks again.

While there is a record of summary offenses, it's not criminal really and most background checks not run by the Commonwealth of PA will not see it.
It will not be an immigration issue (not even if it were you who was trying to immigrate). Public defenders, ARD and 565 don't apply to summaries either.

The good news is that summary offenses can be expunged after five years provided you don't get convicted of anything else.

 

[PaulMass]

I am trying to bring my fiance to the USA, and cannot have a criminal record.

Who told you that?

The I-129F doesn't ask about shoplifting. It asks about Domestic Violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, three or more convictions relating to a controlled substance or alcohol not arising from a single act.