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shoplifting in Indiana

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coday182

Junior Member
What is the name of your state (only U.S. law)? Indiana

I was caught trying to shoplift an item worth $192 at Best Buy. The officer, after I had been put in the cruiser, kept asking me if I had taken anything else when I was there earlier that day, which I hadn't. He got mad and said I was lying but that's not really what my question is about.

Earlier this spring I was cited for posession of <30g of marijuana, which would have been a class A misdemeanor. I was given the diversion program, since it was my first offense.

Today I called my attorney's office to schedule an appointment, and the lady who answered the phone told me this, and I was wondering what your guys' opinions were on it:

Theft is a class D felony, but usually can be lowered to a class A misdemeanor for first offenses, and in my case I will probably be given a class A misdemeanor and continue to have to fulfill the requirements of my diversion program. So basically after my first offense of shoplifting, and breaking the requirements of my diversion in doing so, I will be charged a Class A misdemeanor and have to withgo the same requirements as my diversion to avoid a felony?
 


Indiana Filer

Senior Member
What is the name of your state (only U.S. law)? Indiana

I was caught trying to shoplift an item worth $192 at Best Buy. The officer, after I had been put in the cruiser, kept asking me if I had taken anything else when I was there earlier that day, which I hadn't. He got mad and said I was lying but that's not really what my question is about.

Earlier this spring I was cited for posession of <30g of marijuana, which would have been a class A misdemeanor. I was given the diversion program, since it was my first offense.

Today I called my attorney's office to schedule an appointment, and the lady who answered the phone told me this, and I was wondering what your guys' opinions were on it:

Theft is a class D felony, but usually can be lowered to a class A misdemeanor for first offenses, and in my case I will probably be given a class A misdemeanor and continue to have to fulfill the requirements of my diversion program. So basically after my first offense of shoplifting, and breaking the requirements of my diversion in doing so, I will be charged a Class A misdemeanor and have to withgo the same requirements as my diversion to avoid a felony?
As an Indiana Probation Officer, I would think you just threw your chance at finishing your Pre-Trial Diversion. If you were in my county, you would now be facing the Class D Felony Theft charge, as well as the Class A Misdemeanor for Possession of Marijuana. You would be going to Court on formal charges for both, and will never again be offered the chance at a Pre-Trial Diversion program. You probably won't get the opportunity to have the Theft amended to Conversion, a Class A Misdemeanor. Your previous drug arrest means that your Theft charge is NOT a first offense.

Pre-Trial Diversion is basically giving you a chance to prove that you can obey the law. Your new arrest tends to make the Court believe you don't intend to obey the law or the orders of the Court.

You'll probably get a fine, some time in jail, and a term of probation. Oh, and urine drug screens and Community Service Work.

I'm an Indiana Probation Officer
 

coday182

Junior Member
Well atleast you were honest. Not what I wanted to hear, but oh well. What county might you work in? Anywhere close to Boone?
 

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