Lynchburg, VA asked in Criminal Law for Virginia

Q: I shoplifted a bag of chips it was worth 1.60. What should I do in court? Do I plead guilty or not guilty?

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2 Lawyer Answers

A: You should hire an experienced criminal defense attorney or one will be appointed to represent you. If this is your first offense, you will likely be offered a first offender program, which when complete will result in the charge being dismissed. However, in that situation, you can never get the fact that you were arrested for petit larceny expunged from your record.

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Answered

A: An experienced criminal defense attorney may be able to negotiate an informal deferral (called a general continuance with terms) for dismissal of the case. This would allow you to expunge the arrest. If you do the official deferral offered by the court, you are required to enter a plea and the case is continued for dismissal. Any plea entered disqualifies you for expungement of the arrest, although you would not have a conviction. Contact my office at 703-352-9044 if you have any questions.

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