Q: I got caught shoplifting and got a citation. Does this mean I will be charged or just pay a fee?
Please no judgments, I made a dumb mistake and I very much regret it. But here goes:
I was caught undersigning merchandise at a large retailer, about $180, and the store security stopped me and made me go back to pay for the merchandise so I did, and then I was escorted into a room by security and the cops were called. I was given a citation. Does this mean I will be charged in court or do I just have to pay a fee?
A:
No judgments here. We all make mistakes and we as defense lawyers are here to help mitigate the fallout from your mistakes so that you are not defined by them. With that said-
The answer to your question is: it depends. The police officer who took the report and issued the citation will likely submit the case to the city attorney in the county where this happened, and the city attorney will make the final call as to whether or not to charge you. But if you do get charged, here is what most likely will happen:
You will receive a summons in the mail to appear in court on a specific date. The charge will likely be a misdemeanor because the value is less than $500. Depending on whether you have any prior offenses, the city attorney will likely offer a stay of adjudication, which means you plead guilty to misdemeanor theft, receive probation for a sentence, and if you complete probation without reoffending, it will not go on your record. There will likely be a fee imposed because criminal courts like to add punitive fees to every case, but it does not sound like you will need to pay restitution if you paid for the items.
Don't beat yourself up about this. We all make mistakes, and I applaud your candor and remorse. I think it will bode well for you in the end. Best of luck with everything!
1 user found this answer helpful
A: A "citation" typically refers to a Minnesota "uniform citation," issued by police in lieu of an arrest, as a Summons to court on a tab charge. Most are for petty misdemeanors or "payable" misdemeanors (meaning the court will accept a guilty plea by payment of fine without appearance). But some pay require a court appearance. If in doubt, a call to the Court Administrator could resolve any doubt, and may be an opportunity to schedule a court appearance. Most people don't want a public record for theft, even if it were labeled a petty (unlikely). To avoid a conviction record, one would need to go to court appearance(s) and attempt to resolve the case in a way to prevent a conviction. A private, or public, defender, would be a helpful in that effort.
1 user found this answer helpful
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