Q: I was just caught shoplifting $100.50 from Target. They have proof that I have done so before. The security director
told the responding officer that he was going to investigate for more instances. I was told this is a theft scheme charge in Maryland. Each incident would been well under $500 over the last few months. I have zero prior charges other than a dui more than a decade ago. I am a known and respected member of my small town community. I have been short on money and took things like toiletries and inexpensive clothing. Am I looking at prison?
A:
You should retain an attorney as soon as possible to represent you. Jail is unlikely for a first time offender. However, you do not want a theft conviction on your record.
Target has sophisticated equipment where they can discover other instances of theft.
A: I doubt they can meet the legal standard for proving theft scheme. Each one they might be able to identify and prove would more than likely be deemed separate independent incidents of theft, all misdemeanors. Theft scheme is simply a way to try to turn a series of misdemeanors into a felony, but they would have to prove the separate incidents of theft were part of one planned "scheme"-- which is unlikely. As a first time offender, you are not facing a serious risk of jail, and more importantly, can likely keep this off of your record entirely and ultimately epunge it from your record. Hire a lawyer.
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