Wise, VA asked in Criminal Law for Virginia

Q: what will happen as a first time offender after stealing $175 worth of items (mainly hygiene products)?

I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in Virginia. I am terrified, not even meaning to take that much, only realizing as I was giving back the items. What will most likely happen? I am a low income college student and am currently doing research at my college. Im afraid of going to jail and ending up ditching my professor im doing research with when he doesn't know the current situation. I cannot afford to hire an attorney. Is it possible to either contact Walmart to ask to pay restitutions or ask the court to appoint me an attorney before the court date? I’ve been looking into similar cases and everything is giving me mixed information. Thank you for your help.

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2 Lawyer Answers
Brian M. Latuga
PREMIUM
Answered

A: Go to the court clerks office, request the assistance of the public defender or court appointed counsel, complete the paperwork, and if you qualify you’ll be assigned counsel to help you. You need to actively get yourself an attorney, nobody from the court or elsewhere is going to reach out to you. It is not likely helpful to speak with the alleged victim/ Walmart. That won’t help you. Get a local lawyer.

A: Your first court appearance should be an arraignment, at which time the judge will ask if you're seeking a court-appointed lawyer. I recommend hiring or (if you cannot afford to hire) requesting a court-appointed attorney to assist you in your defense. Also, Virginia has a 1st-offender provision in the Code for cases such as yours, which allow for a shoplifting case to be taken under advisement (with conditions) and for it to be ultimately dismissed after a few months if you are compliant with the court's terms. That is something you should ask about once you have obtained a lawyer for your defense. I do not recommend reaching out to Walmart at this point; payment of restitution can be arranged through the court as part of your case.

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