JohnDoe5544
Junior Member
What is the name of your state (only U.S. law)? Utah
Greetings,
Thanks in advance for any help received here.
A friend and I are both currently being charged with retail theft in Utah. We honestly did not to intend to steal anything. Here's basically what happened: My mother asked me and a friend to go purchase groceries for her. She gave us a list of things to buy and told me to go purchase them and she'd pay me back when I got home (so I was never going to be paying for them myself anyway...). I use canvas bags at grocery stores rather than being wasteful. I also in the past have used these bags to just collect the groceries as I went rather than using the store's basket. I won't do this in the future as I had never really thought that this situation may wind up happening...
As we were checking out in the self-checkout line, my friend forgot to scan the items in one of the canvas bags that she was carrying/carried out. As we were leaving with the goods - 4 bags paid for 1 not- we were stopped by security on the way out.
We tried to explain our situation to the security person - showed him the list we had, explained that we weren't even paying for it anyway, but he was generally disinterested/disbelieving. We picked up items, walked them past the check out line, and hadn't paid for them - so he said it didn't really matter anyway. My mom came up and tried to explain things as well but he still wasn't believing us. (Perhaps this is understandable - from his perspective this could easily look like someone trying to shoplift). So now my friend and I are both being criminally charged for retail theft of $30 worth of groceries - vegetable oil, veggies, noodles, etc..
We have both appeared at our arraignment and pled not guilty. We tried to acquire a public defender (this is in justice court by the way - not a court of record) but the judge stated that we make too much money (we both make approximately $600/month - we are both full time students with part time jobs). In my whole time that day watching probably 20 requests for public defenders, I only saw two people get them, and they were both jobless. It must be very difficult there to get a public defender...
So we can't get a court appointed attorney and I highly doubt I can afford a private attorney on $600 or so a month. My main concern in this whole ordeal is that in one year I plan to start law school. I understand that a criminal conviction of this sort can have very serious consequences for the Character and Fitness examination of the Bar. At this point, even though I'm frustrated that I'm being tried for this (and somewhat angry at my friend for forgetting that canvas bag!) - I would almost prefer to take whatever the hell arrangement I can that would minimize my problems in the future passing the Bar. In the long-run, money isn't that big of a deal here. Does anyone know the probability of getting an arrangement - say, a plea to an infraction with a large fine, or plea in abeyance - that would help my future prospects of passing the Bar? I have no prior convictions.
On top of all of this - my friend and I have been sent to collections and we are each being asked to pay an odd amount - something like $429 a piece. When I asked the collection agency where they arrived at that figure - obviously much higher than the goods in question (which the store kept anyway) - they simply stated that the grocer told them that that was what was owed. But the costs of the goods were approximately $33. So I don't know how they arrived at this - nor do I know what I should do about this at this point. I'm already getting many calls from collections demanding payment for a case that is still pending in criminal court. All in all, I can't help but be cynical that a grocer appears to be very opportunistic - trying to acquire $860 from two people who mistakenly almost took $30 of product (which stayed in the store anyway). The store seems to be profiting from all this...
What are some general thoughts on my predicament?
Greetings,
Thanks in advance for any help received here.
A friend and I are both currently being charged with retail theft in Utah. We honestly did not to intend to steal anything. Here's basically what happened: My mother asked me and a friend to go purchase groceries for her. She gave us a list of things to buy and told me to go purchase them and she'd pay me back when I got home (so I was never going to be paying for them myself anyway...). I use canvas bags at grocery stores rather than being wasteful. I also in the past have used these bags to just collect the groceries as I went rather than using the store's basket. I won't do this in the future as I had never really thought that this situation may wind up happening...
As we were checking out in the self-checkout line, my friend forgot to scan the items in one of the canvas bags that she was carrying/carried out. As we were leaving with the goods - 4 bags paid for 1 not- we were stopped by security on the way out.
We tried to explain our situation to the security person - showed him the list we had, explained that we weren't even paying for it anyway, but he was generally disinterested/disbelieving. We picked up items, walked them past the check out line, and hadn't paid for them - so he said it didn't really matter anyway. My mom came up and tried to explain things as well but he still wasn't believing us. (Perhaps this is understandable - from his perspective this could easily look like someone trying to shoplift). So now my friend and I are both being criminally charged for retail theft of $30 worth of groceries - vegetable oil, veggies, noodles, etc..
We have both appeared at our arraignment and pled not guilty. We tried to acquire a public defender (this is in justice court by the way - not a court of record) but the judge stated that we make too much money (we both make approximately $600/month - we are both full time students with part time jobs). In my whole time that day watching probably 20 requests for public defenders, I only saw two people get them, and they were both jobless. It must be very difficult there to get a public defender...
So we can't get a court appointed attorney and I highly doubt I can afford a private attorney on $600 or so a month. My main concern in this whole ordeal is that in one year I plan to start law school. I understand that a criminal conviction of this sort can have very serious consequences for the Character and Fitness examination of the Bar. At this point, even though I'm frustrated that I'm being tried for this (and somewhat angry at my friend for forgetting that canvas bag!) - I would almost prefer to take whatever the hell arrangement I can that would minimize my problems in the future passing the Bar. In the long-run, money isn't that big of a deal here. Does anyone know the probability of getting an arrangement - say, a plea to an infraction with a large fine, or plea in abeyance - that would help my future prospects of passing the Bar? I have no prior convictions.
On top of all of this - my friend and I have been sent to collections and we are each being asked to pay an odd amount - something like $429 a piece. When I asked the collection agency where they arrived at that figure - obviously much higher than the goods in question (which the store kept anyway) - they simply stated that the grocer told them that that was what was owed. But the costs of the goods were approximately $33. So I don't know how they arrived at this - nor do I know what I should do about this at this point. I'm already getting many calls from collections demanding payment for a case that is still pending in criminal court. All in all, I can't help but be cynical that a grocer appears to be very opportunistic - trying to acquire $860 from two people who mistakenly almost took $30 of product (which stayed in the store anyway). The store seems to be profiting from all this...
What are some general thoughts on my predicament?
