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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

Posted

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 bill@thelawman.net and put AVVO in the subject line.

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Posted

Follow Atty Umanskys advise.

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1 comment

David Bradley Dohner

David Bradley Dohner

Posted

I'm with Damore...follow Umansky.

Posted

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.

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Posted

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.

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William David Umansky

William David Umansky

Posted

LOL William Umansky, Esquire The Umansky Law Firm, P.A 1945 East Michigan Street Orlando, Florida 32806 407-228-3838 (phone) 407-228-9545 (fax) EVERYONE DESERVES A SECOND CHANCE http://www.thelawman.net/ and http://www.orlandocrimedefense.com <http://www.orlandocrimedefense.com/> for Criminal Defense Matters http://www.thelawman.com <http://www.thelawman.com/> for Personal Injury Matters Join our ULF Fan Club!!! Take a moment to "Like" us on Facebook.... <http://www.facebook.com/UmanskyLawFirm> and Follow us on Twitter <http://twitter.com/#!/TheLawMan1> THIS IS A CONFIDENTIAL The Umansky Law Firm P.A. WORK PRODUCT AND/OR ATTORNEY-CLIENT COMMUNICATION Privileged and Confidential This message is confidential and intended only for the party to whom I have addressed this communication. If the reader of this message is not the named recipient, please delete this message without reading or copying this message and any attachments. The information contained or referred to in this e-mail is either attorney work product and/or attorney-client privileged. Any comments, particularly those concerning other persons or entities, are opinions only. E-mail is not a secure mode of communication and may be accessed by unauthorized persons. This communication originates from The Umansky Law Firm, P.A. . and is protected under the Electronic Communication Privacy Act, 18 U.S.C. S2510-2521. The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction. Personal messages express views solely of the sender and shall not be attributed to the law firm. If you received this communication in error, please notify the sender immediately by e-mail or by telephone at 407-228-3838.

David Richard Damore

David Richard Damore

Posted

I'm really looking forward to meeting you someday. Im going to have to find a case in your area just to have the opportunity to work on it with you.

David Bradley Dohner

David Bradley Dohner

Posted

David: That is a really nice thing for you to say, and I mean it very sincerely when I say that feelings could not be more mutual. Because an individual's sense of humor, in my opinion that is, says a great deal about the person and typically provides a great deal of insight into his or her character overall as well as individual character traits, I would guess that you feel much like I do about those very few behaviors; instincts; insights; or maybe "intangibles" in all honesty, that separate trial lawyers into the competent pile, which is most, and the highly effective; skilled

David Bradley Dohner

David Bradley Dohner

Posted

resourceful; would eat his or her grandmother alive to win, once the jury was sworn, unless the Bar had recently changed the Rules Regulating Members of the Bar and now considers it unethical to eat one's grandmother alive, just to win", pile, into which a certain percentage of us aspire to be placed, and into which ultimately a much more narrow field of lawyers is actually placed. I have no doubt that you fall into the latter category. Please remember that this is a compliment, by the way. LOL. I was truly surprised to find that becoming involved with AVVO would lead to so many really pleasant interactions and in some instances well-solidified relationships. I don't know if you have had the opportunity to speak with Mr. Umansky, but he, too, has a great sense of humor and we struck up a conversation much like this one not long ago that turned into a very interesting, somewhat diffuse discussion about many aspects of the current state of the practice and what the future appears to hold and I can't help but think that the two of you would find that you have a great deal in common, as well. I will say this, an unexpected benefit of becoming involved with AVVO turned out to be having the opportunity to hear colleagues reason through a matter out loud. I have not only learned a great deal, and been very interested to observe the very different manners of approach that equally experienced; demonstrably knowledgable; and clearly talented colleagues utilize, even in his or her approach to a somewhat minute and isolated aspect of a case. It's really very interesting, and helpful, if you allow yourself, and, if you are like me, you find this difficult, if you allow yourself to think and work outside of your box. In any event, I wish that this conversation was taking place just a few years ago when I was in Daytona Beach every other week on an aviation matter. My cellular number is (305) 972-5720 and I hope that you will feel not only free to call me any time, but also know that it would be a genuine pleasure. Like Bill Umansky, I always enjoy reading your analyses, and can't help but intrude from time to time upon your answers. You have to laugh in this field some days, with the many new challenges, or at least, exacerbating challenges, that the current economy has created, making it truly difficult to form a trusting attorney-client relationship. I already have your contact information placed in my "top shelf" referral window, and likewise hope that I will at a minimum have the pleasure of referring a matter to an attorney who attends to detail just as I would. Even better would be the opportunity to co-counsel a matter in the pure sense of the term. Certainly stranger things have happened. In any event, let's stay in touch with one another. In the meantime, keep sharing your knowledge with all of us, as I certainly find that I inevitably learn something from your answers. All the best, Dave Dohner

Posted

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

This is not intended as legal advice.

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