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Charged for retail theft and possesing instrument of crime

I have NO record whatsoever and am 20 years old, I got caught at walmart with $292 worth of merchandise and because I used scissors to cut the packages open I got possesion of instrument of crime. It's saying that I need a lawyer or public defender, again i have no priors or no record besides a speeding ticket. Is there ANY possibility of jail time, whats the most likely scenario I have a preliminary hearing and both the charges were M1's...

Additional information
They already know and it's on my charges describing using the scissors etc. But also I have severe anxiety, bipolar disorder and attended special classes in school and am disabled (diagnosed by a doctor and written specifically by several doctors and social workers etc also alot from high school) and also getting social security soon if this helps....
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Attorney answers (3)

Reputation Level 20
Posting things like "I used scissors to cut the packages..." goes against your freedom of self-incrimination.

Phone an experienced defense lawyer. Get one that can practice law in PA. He or she can answer at least several of your questions, and give you specific advice on any steps to take at this point. This type of charge can have both direct and collateral sentencing consequences. If you get this wrong this outcome can follow you on your applications for college, a job, a mortgage, a car lease,etc.....

The possession of instrument of crime sounds worse and needs special handling.

Also, do you realize that the Internet is not private! Posting things like "I used scissors to cut the packages..." goes against your freedom of self-incrimination. Wise up. Keep quiet. Get a lawyer.

What you post here may be used against you. No one can say what the evidence is against you so at least remain silent and do not incriminate yourself without speaking to a lawyer.

Read my Legal Guide "Internet Privacy - Not!" if you think it might be helpful.

http://www.avvo.com/legal-guides/ugc/internet-p...

You might read my Legal Guide "Can An Attorney Really Help?"

http://www.avvo.com/legal-guides/ugc/can-an-att...

You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

http://www.avvo.com/legal-guides/ugc/what-do-i-...

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only and is not like communication with a lawyer with whom you have an attorney client relationship along with all the privileges that relationship provides There is no attorney client privilege between you and the attorney responding.
1 person marked this answer as good

Reputation Level 10
As a first-time offender, you might be eligible to participate in the Accelerated Rehabilitative Disposition (ARD) program in Pennsylvania, which would allow you to avoid trial on this case. Admission to the ARD program is discretionary with the prosecutor's office and varies somewhat among different jurisdictions in Pennsylvania. If accepted, you would have a period of time to perform some agreed-upon tasks (avoiding a new arrest, making restitution if applicable, performing some community service, etc.). In exchange, the prosecution would withdraw the charges upon successful completion of those conditions, and you would not have a conviction on your record.

The retail theft is graded as a misdemeanor of the first degree because of the value of the goods in question ($292). While there are never any guarantees, I think it is EXTREMELY unlikely that you would face any jail time if you took this case to trial and lost. As a first-time offender, you would much more likely to be sentenced to a period of probation, and that is assuming you were not able to get into the ARD program to begin with.

I agree that you should be careful about making any incriminating comments about this case.

Avvo Pro

Reputation Level 16
Both of the above counsel have given you good advice. I agree that you should be eligible for admission into the ARD program but you really should speak with an attorney in Lancaster about that. If you can't afford an attorney I know that the Lancaster County Public Defender's office has some great attorneys. You may also inquire if Lancaster County has any mental health diversionary programs in addition to ARD. If such a program exisits as it does in other counties it may only be applicable if your BiPolar Illness played a role in the offense. Best of Luck.

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