• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Petty Theft

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MattyB2

New member
michigan

So today at I shoplifted $8 worth of food from Walmart. I have an eating disorder and I forgot my wallet in my car and needed to get something to eat. I was caught and brought into the office and since I did not have my ID on me, the police were called. They took my information and everything like that. Walmart said they would be sending me a bill for the stolen items. The police said there would be a statement for my arrest sent to me with a court appearance date for a ‘misdemeanor’ sent to me in about a month. He said most likely they would give me probation or community service but that the misdemeanor would be part of my permanent record. The Walmart this occurred at was in a different county than my home county because I was traveling at the time. Therefore this makes this situation complicated I think. I have a completely clean record prior to this.

I am currently a pre-med student working my butt off to get into medical school, and from the little research I have done regarding this, it looks like if I have this ‘petty theft’ misdemeanor on my record, I am going to have an incredibly difficult time getting any job, let alone becoming a doctor or getting into medical school. I feel I just ruined my whole life. Forever. I am already a person who has a lot of anxiety and stress and this is making things ten times worse. My questions regarding this situation are as follow:

1. What should be my next steps regarding this issue. This happened yesterday. Should I wait to appear in court or get a lawyer/legal consult now? Do I need to act ASAP or just wait?
2. If I get legal consult/ a lawyer, would this have to be someone from the county that the crime occurred in or could it be someone from my home county?
3. Is there anyway to have this completely removed or never appear on my record?
4. Is there a way to get the prosecutor to drop the charges before there is a trial or before I have to appear in court?
5. How do I see if there is a pre-trial deferment program in this county?
6. If I do have it removed or never appear on my record by some miracle or if I was never charged or convicted, would I need to report this on job or med school applications?
7. I live with my parents but they will probably disown me and kick me out if they find out about this...any suggestions on how to handle this or have them not find out?

I know what I did was criminal, wrong, and does not align with my values, who I am as a person, or my morals. I was impulsive, got caught up in the moment, and let my eating disorder get the best of me. I see a therapist right now and will be working through this issue with them. Thank you for your comments and responses.
 


FlyingRon

Senior Member
Your first step would be to get a lawyer. Michigan courts are all over the place as to whether they will allow diversion or not. Technically, you can probably use any lawyer in Michigan, but you'd be well advised (and hopefully your home lawyer would so advise you) to use one familiar with the court in which you will appear.

A diversion, if successfully completed, will result in no conviction which will not show on most non-governmental background checks.

Why would a prosecutor just drop the charges? He's disinclined to do so just because you regret committing your crime.

Most situations bar employers or schools from asking about arrests that didn't result in convictions.

How old are you kid?
 

quincy

Senior Member
michigan

So today at I shoplifted $8 worth of food from Walmart. I have an eating disorder and I forgot my wallet in my car and needed to get something to eat. I was caught and brought into the office and since I did not have my ID on me, the police were called. They took my information and everything like that. Walmart said they would be sending me a bill for the stolen items. The police said there would be a statement for my arrest sent to me with a court appearance date for a ‘misdemeanor’ sent to me in about a month. He said most likely they would give me probation or community service but that the misdemeanor would be part of my permanent record. The Walmart this occurred at was in a different county than my home county because I was traveling at the time. Therefore this makes this situation complicated I think. I have a completely clean record prior to this.

I am currently a pre-med student working my butt off to get into medical school, and from the little research I have done regarding this, it looks like if I have this ‘petty theft’ misdemeanor on my record, I am going to have an incredibly difficult time getting any job, let alone becoming a doctor or getting into medical school. I feel I just ruined my whole life. Forever. I am already a person who has a lot of anxiety and stress and this is making things ten times worse. My questions regarding this situation are as follow:

1. What should be my next steps regarding this issue. This happened yesterday. Should I wait to appear in court or get a lawyer/legal consult now? Do I need to act ASAP or just wait?
2. If I get legal consult/ a lawyer, would this have to be someone from the county that the crime occurred in or could it be someone from my home county?
3. Is there anyway to have this completely removed or never appear on my record?
4. Is there a way to get the prosecutor to drop the charges before there is a trial or before I have to appear in court?
5. How do I see if there is a pre-trial deferment program in this county?
6. If I do have it removed or never appear on my record by some miracle or if I was never charged or convicted, would I need to report this on job or med school applications?
7. I live with my parents but they will probably disown me and kick me out if they find out about this...any suggestions on how to handle this or have them not find out?

I know what I did was criminal, wrong, and does not align with my values, who I am as a person, or my morals. I was impulsive, got caught up in the moment, and let my eating disorder get the best of me. I see a therapist right now and will be working through this issue with them. Thank you for your comments and responses.
Here is a link to Michigan's law (MCL 750.356), which indicates that you potentially could face 93 days in jail and a fine of $500 if convicted - http://legislature.mi.gov/doc.aspx?mcl-750-356 and if that link doesn't work, here is another - https://law.justia.com/codes/michigan/2017/chapter-750/statute-act-328-of-1931/division-328-1931-lii/section-750.356/

FlyingRon is correct that some judges in some counties of Michigan are not fond of diversion programs but your attorney will work toward the goal of diversion with discharge and dismissal in lieu of conviction.

In addition to the criminal action, Walmart can pursue a civil action to collect 3 times the value of the property taken plus court costs and attorney fees.

You will have to disclose your charge/diversion/conviction when you apply for med school but it alone should not result in a med school denial.

Your college/university might have a legal department that offers free legal assistance to students. You should check this out before contacting lawyers in your area. You will want to have an attorney but, if you are unable to hire one before your first hearing, you should plead "not guilty" at the arraignment and another hearing will be scheduled. You can attend this subsequent hearing with your lawyer.
 
Last edited by a moderator:

HighwayMan

Super Secret Senior Member
So today at I shoplifted $8 worth of food from Walmart. I have an eating disorder and I forgot my wallet in my car and needed to get something to eat...
What was wrong with going outside for two minutes and getting your wallet?

I'd hate to see how you behave in an Emergency Department filled with patients on an overnight shift when your eating disorder kicks in. What would you do then? Stop treating someone so you could get something to eat?
 

quincy

Senior Member
I am not sure I have ever heard of an eating disorder being used as a defense to shoplifting.

Before anything is said to law enforcement (or to anyone else) about the theft, Matty needs to speak to a lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top