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RBinJax
RBinJax, Lawyer
Category: Criminal Law
Satisfied Customers: 731
Experience:  I am a former Public Defender, and have handled criminal cases for 25 years.
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i recently was arrested and charget ith shoplifting (under

Customer Question

i recently was arrested and charget ith shoplifting (under 200) at home depot i was a vendor working for them and around 8am i took a drill off the shelf opened it and used it for 8 hrs at the end of the day we packed up all our toold pout the in a shoping cart like usual and put the "stolen" drill on the very top of the cart unconcelled and headed out the store is there any way out of this
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RBinJax replied 5 years ago.
These cases are more difficult to win than you might think. Once you took the drill out of the store without paying for it, you trigger the theft statute. Convincing a jury that you did not intend to do so is hard, because jurors will get somewhat self-righteous and convince themselves that they would never make such a mistake.

I suggest that you speak with an experienced local attorney about this. If he/she does not think that there is a way to win on the charges, then perhaps there is a pretrial diversion program for which you are eligible, that if successfully completed would lead to the dismissal of the charges and give you the ability to say that you have never been convicted of a crime. The attorney should know who to contact and what buttons to push to get you into the program is it is available.

I hope that this is helpful and answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.
Customer: replied 5 years ago.
thats the same answer i keep getting from my friends but i cant afford a lawyer
Expert:  RBinJax replied 5 years ago.
Ask to have the Public Defender appointed to represent you. A PD also will know who to contact to attempt to get you into any pretrial diversion programs in your area.

The most important thing under all circumstances is to try to have the judge withhold adjudication so that you will not have a permanent record from this. You can tell the judge that it was a mistake, you were tired and just forgot to put the drill back on the shelf, that HD knew that you had the drill but no one said anything to remind you of it, etc., but you do not want to have to deal with a conviction for a theft trailing you for the rest of your life. As this is a first time offense, you stand a good chance of having adjudication withheld, so make sure that whoever represents you negotiates that as part of any plea agreement.

I hope that this helps.
Customer: replied 5 years ago.
its not my fisrt case i have a criminal conspersey case in wich i just go of probation for in april i live in pa but was arrested in delaware can they and will they see my record at any time
Expert:  RBinJax replied 5 years ago.
I would expect that the state will run a records check which will find your previous charge, but as this is a petit theft they may not. The felony will knock you out of a pretrial diversion program as those are for first offenders. Be thankful that you are off probation on the felony, so that no violation can be filed, and that this is a misdemeanor.

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