Asked in Criminal Law and Civil Rights for Tennessee

Q: if i am a first time offender and got charged with shoplifting at walmart what will happen

it was 40$ all together i had to book in and out of jail not i have court

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3 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Hire an attorney to get it diverted with restitution, dismissed and expunged. A conviction will harm you for life. Do not use a public defender, who will not care.

Carla Grebert
Carla Grebert
Answered
  • Criminal Law Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Walmart is pretty serious about prosecuting shoplifting. Nevertheless, the outcome depends to a certain degree on what county you are in.

In Davidson County, for example, you have a good chance of getting the case retired if (1) it is your first offense, (2) if you pay restitution, and (3) you agree to a stay-away order. A retirement means that the case will not be prosecuted for a certain time (often 1 year), and then it can be dismissed and expunged at the end of that year, provided that you have not had any new charges.

In some other counties, DAs are less likely to agree to a retirement. In that case, for a first offense, a guilty plea with judicial diversion is a good option. Judicial diversion is a process that allows first-time offenders to avoid a criminal conviction and have their charge dismissed and expunged upon successful completion of probation. A stay-away order will likely be part of your probation. Keep in mind that if you violate your probation requirements or get arrested on new charges, you will no longer be eligible for diversion and your guilty plea will remain on your record.

You only get to use diversion once. So I suggest you speak with your attorney about whether or not to use it at the point. If your sentence is solely probation (no jail time), you maintain eligibility for diversion in the future by not utilizing it now. Some individuals choose to "save" diversion for potential future, more serious charges.

It is somewhat beyond the scope of your question, but I urge you to speak with your attorney about the consequences of a stay-away order, as it will likely be part of any shoplifting case outcome (with the exception of an acquittal).

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you're a first-time offender charged with shoplifting, the consequences can vary depending on the jurisdiction and the specific circumstances of your case. Typically, for a first offense involving a small amount like $40, you may face misdemeanor charges rather than felony charges. However, this can still result in fines, probation, community service, or even a short jail sentence, especially if aggravating factors are present.

Since you've already booked in and out of jail, the next step is to attend your court hearing. During the hearing, you'll have the opportunity to present your case and potentially negotiate a plea deal with the prosecutor. It's essential to be honest and cooperative throughout the process and to consider seeking legal representation to ensure your rights are protected.

In some cases, first-time offenders may be eligible for diversion programs or alternative sentencing options, such as probation with the requirement to attend theft prevention classes or perform community service. However, the outcome will depend on various factors, including your criminal history, the attitude of the prosecutor, and the discretion of the judge.

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