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caught shoplifting now what

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BrVoss

Guest
What is the name of your state? Washington

i recently was caught shoplifting at Walmart. Police came and charged me with theft third degree. Property value was $20.00. I don't know why I did this. Never done it before. What happens next?

Walmart security gave me a notice of Washington Statute R.C.W. 4-24-230. Police said I will receive notice in the mail. Will I go to court or will the notice provide a fine I have to pay if I admit guilt ie like a traffic citation. What if I don't respond ie not pay or go to court? Would this be a thing to do? What actions can Walmart take against me? Since I was so scared I admitted to taking the merchandise would a lawyer be advisable? Seems it might be too late.

Walmart took info from driver's lic. Does this give me a police record?

Any help greatly appreciated
 
Last edited:


racer72

Senior Member
You will end up with a fine and a police record because of the citation you recieved. You will also recieve a civil penalty from Walmart, it will probably be in the $200 range.
 
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BrVoss

Guest
racer72 said:
You will end up with a fine and a police record because of the citation you recieved. You will also recieve a civil penalty from Walmart, it will probably be in the $200 range.

About how much of a fine? Any likelihood of jail? How long do I have a police record for? Is this the kind of thing I have to say I have been convicted of a crime on job applications etc?

Walmart got their goods back undamaged why do I pay them?

Thanks
 
B

BrVoss

Guest
I am 44. Does this make a difference?

Would it make sense to consult a lawyer? Financially it would hurt. Also, it seems too late for a lawyer since I admitted taking the item. Dumb thing to do since I had enough money to pay for it.


At the arraignment if I plead not guilty and then later change to guilty will my punishment be worse.

Does the Walmart security person have to testify in person at the trial if I go that route? If he does not show up is the case dismissed?

thanks.
 

JETX

Senior Member
"Would it make sense to consult a lawyer?"
*** Generally, I suggest that ANYONE facing criminal charges consult with an attorney, but in this case I see little benefit to that. You have already signed an admission of guilt and, from your post, are clearly guilty. Since this is a relatively minor charge and the repercussions are already determined, I see little benefit in obtaining an attorney. There really isn't much to 'plead' down to.

"At the arraignment if I plead not guilty and then later change to guilty will my punishment be worse."
*** Theoretically, no. In reality, maybe. Your 'game' would cost the county more time and money and the prosecutor might be less 'lenient' as a result of it.

"Does the Walmart security person have to testify in person at the trial if I go that route?"
*** Based on your own statement and admission, his statement isn't really required.

"If he does not show up is the case dismissed?"
*** No. The prosecution would just go on the signed admission.

And your previous post:
"About how much of a fine?"
*** No one knows since it is set by the court. Usually a few hundred $$.

"Any likelihood of jail?"
*** Probably not.

"How long do I have a police record for?"
*** This will be on your 'record' forever, or until you are able to get it vacated. For this process, go to:
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section&section=9.96.060

"Is this the kind of thing I have to say I have been convicted of a crime on job applications etc?"
*** Probably not. Most applications ask if you have been charged or convicted of a felony. This is a misdemeanor and the answer would be no. However, if they ask have you been charged or convicted of ANY crime, then you would need to answer yes.

"Walmart got their goods back undamaged why do I pay them?"
*** State law allows the merchant to pursue civil action against the thief to help recover some of their costs of 'loss prevention'. This is the cost of the security, cameras, etc. and has little to do with the value of the actual item taken. This is provided by the RCW you cited:
"RCW 4.24.230
Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying -- Adults, minors -- Parents, guardians -- Notice.
(1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof shall be liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller."

Further information:
You were likely charged under the following:
"RCW 9A.56.050
Theft in the third degree.
(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.
(2) Theft in the third degree is a gross misdemeanor."

Penalty:
"RCW 9A.20.021
Maximum sentences for crimes committed July 1, 1984, and after.
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine."
 

calatty

Senior Member
The Walmart security person has to show up and will show up - that is what Walmart hires them to do. At any trial, you will lose. Some states have first time shoplifting offense programs involving probation and then dismissal. If you don't think you deserve the best defense and the best outcome, then don't bother with an attorney.
 
B

BrVoss

Guest
To JETX

I believe I misstated the facts based on your comment
"You have already signed an admission of guilt and, from your post, are clearly guilty"

If it makes a difference, I did not sign an admission of guilt, I was not asked to. The security persons made his own set of notes and I assume filed them. There was a second person in the "interrogation" room who heard me admit guilt however.
 

I AM ALWAYS LIABLE

Senior Member
BrVoss said:
To JETX

I believe I misstated the facts based on your comment
"You have already signed an admission of guilt and, from your post, are clearly guilty"

If it makes a difference, I did not sign an admission of guilt, I was not asked to. The security persons made his own set of notes and I assume filed them. There was a second person in the "interrogation" room who heard me admit guilt however.

My response:

Oh, please, lady. You're going to be found guilty, and your going to shipped off to "Mercenary Island" for about a year. There, you'll be assigned either to the mess hall, or breaking big rocks into little rocks. You won't be able to get off the island because it's surrounded by roving bands of sharks.

If you were THAT worried, then you should never have shoplifted, and became a criminal.

Do your time, and go away.

IAAL
 

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