Shoplifting defense

[dasyure]

So I'm in utah and myself and 2 friends are 19 and we were caught shoplifting. The items were under $100 and the cop gave us a citation. We have to call the court and find out what day we have to go in (so like traffic court). Anyways none of us have ever been charged or have done anything like this before. Our records are clean and we would like to keep it that way, but we are not sure what to plea or how to go about this. Side note we got away with the stuff though.

 

[quincy]

So I'm in utah and myself and 2 friends are 19 and we were caught shoplifting. The items were under $100 and the cop gave us a citation. We have to call the court and find out what day we have to go in (so like traffic court). Anyways none of us have ever been charged or have done anything like this before. Our records are clean and we would like to keep it that way, but we are not sure what to plea or how to go about this. Side note we got away with the stuff though.

You have both a criminal action and a civil action to worry about. The "stuff" you got away with is liable to cost you far more than if you had simply purchased the goods.

In a civil action, the court can award the merchant not only the retail price of the stolen goods but an additional $100 to $500.

In a criminal action, the shoplifting of items under $100 is a Class B misdemeanor, subject to a jail term of up to 6 months and a fine of up to $1000. Plus, if convicted, the misdemeanor becomes part of your criminal record and can adversely affect your employment opportunities, your financial aid, loan availability and/or rates, insurance availability and/or rates, and travel to foreign countries.

I recommend you consult with an attorney in your area of Utah before entering a plea or, if you cannot sit down with an attorney prior to your court date, it can be smart to plead "not guilty" and allow for a new court date to be scheduled. You should use the time between your first hearing and your second hearing to see an attorney.

If you find yourself without an attorney at the first hearing (and with or without an attorney at your second hearing), it will be important for you to show the proper respect for the court. Do not wear jeans or baseball caps or tee-shirts (dress nicely, in other words), and do not try to excuse your shoplifting (there IS no excuse), and address the judge as Your Honor, and do not smell like smoke or heavy cologne or anything objectionable, and do not argue - be polite and contrite. Attitude matters. A lot.

I also recommend you do NOT attend the hearing with your friends. Nineteen year olds are not the most mature-acting when they are in a group. In court, you will want to show the judge you are mature enough to handle a diversion program.

This is where the attorney can be of great help. The attorney can work with the prosecutor to get you into a diversion program with conditions that, if successfully met during a probationary period, can keep the misdemeanor off your record. Unless the shoplifting charge can be dismissed entirely (unlikely), a diversion program is what you will want.

 

[dasyure]

I've been told to plea no contest or to try for a diversion plea

 

[quincy]

I've been told to plea no contest or to try for a diversion plea

A no contest plea could potentially work for you - although a no contest plea is essentially pleading guilty to the charge, and the court treats a no contest plea as a guilty plea. I feel you are better off pleading not guilty at your initial hearing - but you will want to follow the advice of the attorney you see.

Where a no contest plea becomes advantageous is if you expect a civil action is coming. A no contest plea cannot be used in the civil trial as an admission of your guilt (although a criminal conviction is not necessary for the civil action).

But a diversion program is what you will want to work toward on the criminal side, if there is no way to get the charge dismissed entirely.

Here is, by the way, a link to the civil action available to the merchant: http://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S108.html

Again, see an attorney in your area. You do not want to risk having the misdemeanor entered.

 

[FlyingRon]

Never plead anything other than "not guilty" unless you have specific legal counsel to the implications of doing otherwise.

"No contest" will generally result in you being found guilty and sentenced.

 

[Zigner]

To be clear - the retail establishment almost definitely isn't going to sue. There will simply be a civil demand followed by a collection agency.

 

[cbg]

The time to worry about keeping your record clean is before you commit a criminal act, not after.

Bragging that you got away with the stuff is not indicative of the type of attitude that a judge will be looking for before he is inclined to be lenient.

 

[quincy]

To be clear - the retail establishment almost definitely isn't going to sue. There will simply be a civil demand followed by a collection agency.

I am not so sure that is a given, Zigner.

In Utah, the court can award the merchant not only the retail price but an additional $100 to $500 PLUS all court costs and attorney fees. An award that includes court costs and attorney fees makes a suit more likely.

But facts matter - and it seems odd to me that dasyure and his friends apparently still have possession of whatever it is they stole - that it was not confiscated by the retail establishment or by the police.

I agree with FlyingRon that a plea of not guilty is generally preferable to a no contest plea but I didn't want to second guess any attorney who might have advised dasyure on his plea (if he was told to enter a no contest plea by an attorney ... which, now that I think about it, seems unlikely).

 

[FlyingRon]

In Utah, the court can award the merchant not only the retail price but an additional $100 to $500 PLUS all court costs and attorney fees. An award that includes court costs and attorney fees makes a suit more likely.

The question is whether it will go to court. If they transfer the demand to a collection agency, it's even less likely. A civil demand is still a tort claim and the assignee has no standing to sue over it (as if it were a debt).

I agree with FlyingRon that a plea of not guilty is generally preferable to a no contest plea but I didn't want to second guess any attorney who might have advised dasyure on his plea (if he was told to enter a no contest plea by an attorney ... which, now that I think about it, seems unlikely).

Precisely, "I was told" is a different story than "My attorney advised."