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Caught shoplifting at Walmart, item was $9.99, cops called and got a Complaint/Arrest Affidavit

Miami, FL |

I am 25 years old and I was caught shoplifting at walmart, the item had a value of $9.99 and the cops were called. I wasn't arrested but they took down my driver's license and information, had to sign a paper and got a copy of it labeled "Complaint/Arrest Affidavit". It was marked as Misdemeanor. I was told I'd get a summons to court in 1-2 months but the cop mentioned that places like Walmart rarely show up to court and if they don't, the case will be dismissed. As much as I'd like to believe him, I imagine that someone representing Walmart will show up and I'll get a fine.

This is my first offense. What can I expect? A fine? A class? Community Service? Even jail time? And if I do get charged is there a way for me to get it expunged from my record?

Attorney Answers 5

  1. You need to hire a lawyer to represent you. While petit theft Is a misdemeanor, it is a crime of dishonesty and employers will likely not want to hire you. Get a lawyer, see if there is a diversion program wherein you complete certain conditions and hopefully get charge dropped. Then get the lawyer to expunge your records.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at and put AVVO in the subject line.

  2. Follow Atty Umanskys advise.

  3. Shoplifting is serious, even if the item taken has a low retail value. Get a lawyer who can look at your case and either advise you to plea guilty to a lesser charge or defend you at trial.

    Walmart will not be in court, but the prosecutor will to try and prosecute you. Show up when you are told to do so with a lawyer who can speak on your behalf, either a private lawyer or public defender. Good luck in court.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented.

  4. My colleagues have both made good points. Umansky by actually doing some work. Damore joining in Umansky's opinion (and then I tried to climb on Damore's back. He and I both know that Donald Trump has been right all along: "you don't have to be smart. You just have to hire smart people". LOL.

    To create the appearance that I am doing something useful, however, let me emphasize a point that my colleague Mr. Umansky made. This is quite a bit different than simply agreeing with it. I will be rigth back after breakfast and get on that. Thank you for your patience.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to schedule a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.

  5. Check out my website for details on the offense:
    Call my office if you have any other questions. The consultation is free.

    This is not intended as legal advice.

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