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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I was caught stealing from walmart in oklahoma, it was $65.00

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I was caught stealing from walmart in oklahoma, it was $65.00 total and I was arrested. I go to court next month and I have never been in trouble before, in fact I have never done anything this before.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information. Can you tell me what your specific question is? Also, can you tell me exactly what you were charged with (name and code section if you have it)? Did you admit to taking the items? Were you inside the store when you were stopped or outside?
Customer: replied 1 year ago.

My specific question is if they will make an example out of me and put me in jail, or what my punishment might be. I believe I was charged with petty theft, or petty larceny. Yes I did admit to taking them, and I was inside the store when they caught me.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. Although the punishment allowable for petit theft is a fine of $10 to $500 and jail time of up to 6 months, it is highly unlikely that you would get any jail time unless you have any prior convictions. From what you say, you do not. That means the court, at worst would fine you and maybe make you do some community service. That said, I would highly recommend that you either hire a criminal defense attorney to represent you or ask the court to appoint a public defender for you if you cannot afford one. That is because this is a criminal charge as a misdemeanor and it could affect your future job prospects and also because there is a chance that your attorney could either get the charge dismissed, if there is a problem with the State's evidence, or at maybe get you approved for pretrial diversion. If you get pretrial diversion and stay out of trouble for a certain period, usually a year, the court will dismiss the charge against you and then you wouldn't even have a conviction.

So, you should have an attorney who can help you through this.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17265
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

I do not have any prior convictions; as I have never been in trouble, before this. I am very pleases to hear that I possibly will not be doing any jail time over this remotely STUPID decision, and there is a chance I could qualify for a pretrial diversion, in which to my understanding means that the charge basically gets expunged??


 


THANK YOU VERY MUCH FOR YOUR TIME, I THINK I CAN BREATH A LITTLE BIT NOW BEFORE MY COURT DATE NEXT MONTH!!


 


BEST REGARDS AND TO YOU!!

Expert:  Marsha411JD replied 1 year ago.
Hello again Summer and you are welcome. If you receive pretrial diversion it is actually better than having a charge expunged, since it is a complete dismissal of the charge without a guilty finding, whereas with an expungement, there was a conviction and then it is essentially sealed. In any event, best of luck to you!

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