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LawRat & Anyone, help with petit larceny

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ScaredAndSorry

Junior Member
What is the name of your state? Virginia

i was caught shoplifting at Target and am not a minor. the total cost for the items stolen was $45. im aware that this is not a felony. this is my first offense and i have no criminal record prior to this.
i dont have the sufficent funds to hire a lawyer but i have received a free consultation with one who advised that i take advantage of a PD if i qualify for one.
im really unsure about how the arrainment procedure works. the summons issued to me by the officer who detained me had already placed a court date, which will be in july, but my arrrainment is next friday.
i know that the charges being put against me will be stated at the arrainment as well as the possible sentence. ive heard some people say that the judge will ask whether i plead guilty, not guilty or nolo. and some people say that the judge will not ask for my plead until the first actual court date.
im confused. please help me.
also, does the fact that this is my first offense and i have no prior record make a difference in my sentencing? what are the possible outcomes?
 


Happy Trails

Senior Member
ScaredAndSorry said:
What is the name of your state? Virginia

i was caught shoplifting at Target and am not a minor. the total cost for the items stolen was $45. im aware that this is not a felony. this is my first offense and i have no criminal record prior to this.
i dont have the sufficent funds to hire a lawyer but i have received a free consultation with one who advised that i take advantage of a PD if i qualify for one.
im really unsure about how the arrainment procedure works. the summons issued to me by the officer who detained me had already placed a court date, which will be in july, but my arrrainment is next friday.
i know that the charges being put against me will be stated at the arrainment as well as the possible sentence. ive heard some people say that the judge will ask whether i plead guilty, not guilty or nolo. and some people say that the judge will not ask for my plead until the first actual court date.
im confused. please help me.
also, does the fact that this is my first offense and i have no prior record make a difference in my sentencing? what are the possible outcomes?
§ 19.2-254. Arraignment; pleas; when court may refuse to accept plea.
Arraignment shall be conducted in open court. It shall consist of reading to the accused the charge on which he will be tried and calling on him to plead thereto. In a felony case, arraignment is not necessary when waived by the accused. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear.
An accused may plead not guilty, guilty or nolo contendere. The court may refuse to accept a plea of guilty to any lesser offense included in the charge upon which the accused is arraigned; but, in misdemeanor and felony cases the court shall not refuse to accept a plea of nolo contendere.
With the approval of the court and the consent of the Commonwealth, a defendant may enter a conditional plea of guilty in a felony case, reserving the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, he shall be allowed to withdraw his plea.

§ 18.2-96. Petit larceny defined; how punished.
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

§ 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
 
I

itsacatsworld

Guest
Even a misdemeanor theft charge is a RED flag to a potential employer and will result in difficulty in getting a job. It will bar you point blank from entire industries..................
 

ScaredAndSorry

Junior Member
yes. i understand all of that. thank you for the replies.
im just worried about how to go about the arrainment. on whether or not i should plead guilty, nolo or not guilty in order to get the best outcome.
 

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