Biggest mistake of my life...caught shoplifting, could use some help.

[Starypie]

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

Last night, while shopping with a girlfriend at Macy's, we were caught shoplifting. It was a STUPID decision, and I regret it so, so much. She said she had been doing in for a while, and that it was easy. This was my first time doing anything like this, and honestly, it was just plain stupid. At 28 years old, you think I would know better by now. It's been a rough year though, with my mom in and out of the hospital, and my school loan bills driving me crazy. Anyway, together, we stole nearly $3000 worth of clothing, which is a felony. We left the store, but were pulled over about two minutes later by a cruiser, Macy's LP came, and we were taken back for questioning. My friend kept denying everything the time, even though they found the merchandise in the car. She kept insisting that those items were there from before, and said they couldn't prove anything. Because all security tag removal was done in fitting rooms, they don't have any actual footage, but still, they aren't stupid and they defiantly have a case against us.

With the police there, we are questioned, and I confess. I'm so horrified to find myself in that situation, that I can't take it anymore. I am so ashamed of my behavior. My friend meanwhile, keeps lying and does not confess. In fact she continues to lie on the way down the the police station too. Our fingerprints, DNA, pictures etc. are taken, which I assume means I have been "booked." A detective interviews us separately, and while she continues to lie, I continue to confess. He tells me that he wants me to enter (or is recommending me for) the diversion program -- available to first-time felony offenders. I DID NOT spend the night in jail, thank God, and got to go home. Apparently, I should be receiving some sort of letter in the mail regarding what to do next. So...here are questions:

- Will I go to trial? Or is this a "pre-trial" diversion program? Will I need to get a public defender? I obviously can't afford a lawyer, thanks to my school loans.


- With successful completion of the diversion program, will the charge – “felony” still show up on my record? Can I get my record expunged from the arrest, charge etc. down the road?

- With successful completion of the diversion program, are charges against you dropped? As in, when someone does a background check, the actual felony charge is no longer visible?

- What about while I am IN the diversion program…if I am applying for jobs, can potential employers see that?

- While in the diversion program, do I still have to check “yes” to the question “Have you ever been charged or convicted of a felony?” – I know I have not yet been convicted, but technically I have been charged.


Finally, to add the cherry to my sundae, I recently finished my master's degree in education and am awaiting my teaching license. I applied for the license months ago, and this was one of the questions: Have you ever been convicted of, found guilty of, pled guilty to, or pled no contest to any felony?

Have I already pled guilty? How does this affect my background check?


I am so, so sorry. And so ashamed. Even thought it's been a rough time this past year, my behavior is unexcusable. I just hope I am able to actually get into the diversion program.


Any advice, would be much appreciated...thank you

 

[Antigone*]

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

Last night, while shopping with a girlfriend at Macy's, we were caught shoplifting. It was a STUPID decision, and I regret it so, so much. She said she had been doing in for a while, and that it was easy. This was my first time doing anything like this, and honestly, it was just plain stupid. At 28 years old, you think I would know better by now. It's been a rough year though, with my mom in and out of the hospital, and my school loan bills driving me crazy. Anyway, together, we stole nearly $3000 worth of clothing, which is a felony. We left the store, but were pulled over about two minutes later by a cruiser, Macy's LP came, and we were taken back for questioning. My friend kept denying everything the time, even though they found the merchandise in the car. She kept insisting that those items were there from before, and said they couldn't prove anything. Because all security tag removal was done in fitting rooms, they don't have any actual footage, but still, they aren't stupid and they defiantly have a case against us.

With the police there, we are questioned, and I confess. I'm so horrified to find myself in that situation, that I can't take it anymore. I am so ashamed of my behavior. My friend meanwhile, keeps lying and does not confess. In fact she continues to lie on the way down the the police station too. Our fingerprints, DNA, pictures etc. are taken, which I assume means I have been "booked." A detective interviews us separately, and while she continues to lie, I continue to confess. He tells me that he wants me to enter (or is recommending me for) the diversion program -- available to first-time felony offenders. I DID NOT spend the night in jail, thank God, and got to go home. Apparently, I should be receiving some sort of letter in the mail regarding what to do next. So...here are questions:

- Will I go to trial? Or is this a "pre-trial" diversion program? Will I need to get a public defender? I obviously can't afford a lawyer, thanks to my school loans.


- With successful completion of the diversion program, will the charge – “felony” still show up on my record? Can I get my record expunged from the arrest, charge etc. down the road?

- With successful completion of the diversion program, are charges against you dropped? As in, when someone does a background check, the actual felony charge is no longer visible?

- What about while I am IN the diversion program…if I am applying for jobs, can potential employers see that?

- While in the diversion program, do I still have to check “yes” to the question “Have you ever been charged or convicted of a felony?” – I know I have not yet been convicted, but technically I have been charged.


Finally, to add the cherry to my sundae, I recently finished my master's degree in education and am awaiting my teaching license. I applied for the license months ago, and this was one of the questions: Have you ever been convicted of, found guilty of, pled guilty to, or pled no contest to any felony?

Have I already pled guilty? How does this affect my background check?


I am so, so sorry. And so ashamed. Even thought it's been a rough time this past year, my behavior is unexcusable. I just hope I am able to actually get into the diversion program.


Any advice, would be much appreciated...thank you

Oh man did you every make the most stupid decision of your life! You will most certanly be charged and probably convicted, given your confession. You definitely need to hire an attorney. You will formally enter a plea in court but again I advise you to do so only with an attorney by your side.

 

[commentator]

Yes, with your whole future at stake here, including your licensure for a profession for which you obtained all those student loans which might just be flushed down the toilet, you definitely need to spend money, right now, on an attorney to guide you through this. This is no time to plead broke or to try to economize.

The first thing your attorney will probably tell you is to keep your mouth shut and let them do the talking for you. Because frankly, every time I hear one of your justification statements ( It's been a hard year! I'm so incredibly stressed....My mother has been ill....I'm so worried about my student loan debt...) I swear, it makes me want to first throw up, and then throw you in jail and throw away the key. Such statements produce no sympathy in the legal and law enforcement communities. If having a hard time or a hard year or being broke or being stressed was an acceptable excuse for doing really bad things, the prisons would be empty.

 

[Ohiogal]

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

Last night, while shopping with a girlfriend at Macy's, we were caught shoplifting. It was a STUPID decision, and I regret it so, so much. She said she had been doing in for a while, and that it was easy. This was my first time doing anything like this, and honestly, it was just plain stupid. At 28 years old, you think I would know better by now. It's been a rough year though, with my mom in and out of the hospital, and my school loan bills driving me crazy. Anyway, together, we stole nearly $3000 worth of clothing, which is a felony. We left the store, but were pulled over about two minutes later by a cruiser, Macy's LP came, and we were taken back for questioning. My friend kept denying everything the time, even though they found the merchandise in the car. She kept insisting that those items were there from before, and said they couldn't prove anything. Because all security tag removal was done in fitting rooms, they don't have any actual footage, but still, they aren't stupid and they defiantly have a case against us.

Yes they do. There will be footage of you going into the dressing rooms and exiting them. There will be evidence in the security tags in the dressing rooms. I can continue.

With the police there, we are questioned, and I confess. I'm so horrified to find myself in that situation, that I can't take it anymore. I am so ashamed of my behavior. My friend meanwhile, keeps lying and does not confess. In fact she continues to lie on the way down the the police station too. Our fingerprints, DNA, pictures etc. are taken, which I assume means I have been "booked." A detective interviews us separately, and while she continues to lie, I continue to confess. He tells me that he wants me to enter (or is recommending me for) the diversion program -- available to first-time felony offenders. I DID NOT spend the night in jail, thank God, and got to go home. Apparently, I should be receiving some sort of letter in the mail regarding what to do next.

What you will receive is a summons. Do not ignore it. GO TO COURT. You may be arraigned in misdeameanor court (in the municipality from which you stole) before being indicted at the felony level. Do not be a minute late. If you are told to be somewhere by 8:00 a.m. be there by 7:45 a.m.

So...here are questions:

- Will I go to trial? Or is this a "pre-trial" diversion program? Will I need to get a public defender? I obviously can't afford a lawyer, thanks to my school loans.

Ask for counsel to be appointed for you. To get into diversion programs, you have to PLEAD guilty. If you succeed at diversion, the felony may be expunged.

- With successful completion of the diversion program, will the charge – “felony” still show up on my record? Can I get my record expunged from the arrest, charge etc. down the road?

Depending on the program, it may be automatically exunged.

- With successful completion of the diversion program, are charges against you dropped? As in, when someone does a background check, the actual felony charge is no longer visible?

Maybe, maybe not.

- What about while I am IN the diversion program…if I am applying for jobs, can potential employers see that?

Yep. Because you will have plead guilty and upon successful completion you may be able to expunge it.

- While in the diversion program, do I still have to check “yes” to the question “Have you ever been charged or convicted of a felony?” – I know I have not yet been convicted, but technically I have been charged.

Yes.

Finally, to add the cherry to my sundae, I recently finished my master's degree in education and am awaiting my teaching license. I applied for the license months ago, and this was one of the questions: Have you ever been convicted of, found guilty of, pled guilty to, or pled no contest to any felony?

YOu may not be getting a job as a teacher. You may have totally thrown away that career due to the fact that a felony can disqualify you. See -- R.C. 3319.31(B)(2)(a) for an educator.

Have I already pled guilty? How does this affect my background check?

Have you appeared in front of a judge?

I am so, so sorry. And so ashamed. Even thought it's been a rough time this past year, my behavior is unexcusable. I just hope I am able to actually get into the diversion program.

You better pray you can or you won't be teaching in Ohio. You will still owe the loans but you won't be working. All because you chose to steal $3000 in clothes.

 

[Starypie]

Diversion

The detective told me he was referring me to the diversion program, and that the charges would not be filed. He said after a year of successful completion, the felony would be dismissed and the charges dropped. Is this accurate?

 

[Starypie]

Getting into the diversion program seems like my only ticket to getting a job doing something I love. I am genuinely sorry..what can I say to convince the judge and prosecutor that I WILL NEVER do this again?

 

[swalsh411]

You need to get an attorney. Plain and simple. This is the rest of your life on the line.

 

[dave33]

You just got your master's degree and you cannot understand the simple concept of keeping your mouth shut. Stop talking to the police and have an attorney handle the situation.

Never take legal advice from the police. His job is to put a solid case together, AGAINST YOU !

 

[Antigone*]

Also be ready to fork out a very pretty chunk of change. Macy's will be sending you a civil demand and it would be to your benefit to pay it.

 

[TheGeekess]

Stop hanging out with criminals.

 

[Ohiogal]

The detective told me he was referring me to the diversion program, and that the charges would not be filed. He said after a year of successful completion, the felony would be dismissed and the charges dropped. Is this accurate?

Detectives lie. ALL THE TIME. They are allowed to lie. Diversion programs on felonies happen with court intervention. Court intervention happens only after an indictment. Expect to be indicted. Expect that for a year or more you will not be teaching. Expect that you will still owe student loans. Expect that you better be on your best behavior IF you are granted diversion by the courts.

Sincerely,
An Ohio attorney who deals with diversion programs and felons.

 

[OHRoadwarrior]

Just so you are aware, Macy's bought out Kaufmans and relabeled the brand. They have high resolution adjustable cameras everywhere and pay their LP to monitor and record activity like this.

 

[Just Blue]

The detective told me he was referring me to the diversion program, and that the charges would not be filed. He said after a year of successful completion, the felony would be dismissed and the charges dropped. Is this accurate?

How does a police Det. have the legal ability to sentence you?

 

[betachains]

How does a police Det. have the legal ability to sentence you?

I am confused how such a frequent poster as you can be so ignorant. To repeat: sometimes the police confabulate.

To the OP: Since your application for a teaching license is already underway, you may get approved. But, once they find out about your crime, you will be subjected to administrative restrictions which may include revocation. No school will hire you anyways with this hanging over your head. You might as well spend more time in grad school (Ph.D, another master's) until you get this expunged. (And it may *still* show up on a background check.)

Aside from a criminal lawyer, you may want to consult an administrative lawyer with experience with the state licensing boards to see the viability of a future career as a teacher.

 

[Ohiogal]

I am confused how such a frequent poster as you can be so ignorant. To repeat: sometimes the police confabulate.

You missed her point -- she was confused as to why the OP thought a detective could sentence her.

To the OP: Since your application for a teaching license is already underway, you may get approved. But, once they find out about your crime, you will be subjected to administrative restrictions which may include revocation. No school will hire you anyways with this hanging over your head. You might as well spend more time in grad school (Ph.D, another master's) until you get this expunged. (And it may *still* show up on a background check.)

The statute I pointed her to states what will happen. She will NOT be working. Hence why kelly Bolar Williams lied in order to get a pardon.

Aside from a criminal lawyer, you may want to consult an administrative lawyer with experience with the state licensing boards to see the viability of a future career as a teacher.

The statutes in Ohio says she faces NO educational career due to the fact that she is a thief and this crime goes straight to honor/integrity/morality.