Do I need a lawyer?

Asked over 2 years ago - Vallejo, CA

I was charged with petty theft at walmart. I had no intention of stealing. I have cash with me. I was looking for my mom & sister when 5 securities just grabbed & dragged me across the store. I have no criminal record whatsoever. This is my first time to be charge with anything. I had merchandise valued under $20 on my pocket. I also have cash on me. I am so confuse & scared. I did not resist any security I wasn't given any chance to say anything 5 of their uninformed securities just carried me across the store. I got a misdemeanor ticket that says petty theft & I have to appear in a court. I'm just still really confuse about what happened & I do not know what to do. I'm feeling I was treated unfairly & I do not know what to do & say in court.

Attorney answers (5)

  1. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . It's very important to have an attorney! You do not want this on your permanent record as it can make getting a job very difficult. Further if you are here illegally or an a green card or visa, it may have immigration consequences. In other words, you need someone to fight this with you.

    Also, you are going to be getting a demand from Walmart to pay a ine, don't pay that, it won't help your criminal case I you do. They make it seem as if it will, but it won't.

    Read my guide and call me with any questions you may have.

    http://www.avvo.com/legal-guides/ugc/petty-thef...

    Elliot Zarabi
    www.zarabilaw.com
    213-612-7720

  2. David Jon Pullman

    Contributor Level 19

    2

    Lawyers agree

    Answered . Yes, you need an attorney to fight this. You can't be convicted of petty theft, unless they can prove beyond a reasonable doubt that you had the intent to steal. Do not pay the civil demand letter that you will get in the mail. You do not owe them any money and paying them will not help your legal situation in any way. I handle cases like this in your area. If you are interested in hiring an attorney, feel free to give me a call. Good luck to you.

  3. Tracy Catherine Miller

    Pro

    Contributor Level 2

    1

    Lawyer agrees

    Answered . It sounds like you may have some legal defenses to assert, but I would need to know more details to advise concerning those issues. Note however that since you were given a ticket to appear in court does not necessarily mean criminal charges have actually been filed against you. Since Loss prevention agents and/or police officers are not lawyers, they have no power to actually file criminal charges against you - that is the job of the filing agency (e.g., District Attorney's Office or City Attorney's Office). If the case is weak the filing agency may "reject" the case for any criminal filings against you. Thus, the best thing to do at this point is hire an attorney to at least reach out to the filing agency in the jurisdiction where the alleged crime took place to ascertain if a case has been filed against you. If you have absolutely no criminal record that fact, along with any weaknesses in your case, would be great evidence for an attorney to present to the filing agency in mitigation against filing criminal charges.

    NOTE: This answer does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal... more
  4. David Lawrence Ganz

    Contributor Level 10

    2

    Lawyers agree

    Answered . A number of retailers such as the one named by you have taken a very harsh stance on those individuals who are charged with shoplifitng (sealing) beause it has such a big effect on their profit margins. The first thing you need to do is to get a lawyer who is experienced in this area. The second thing you need to do is refer all questions or corespondence from the complaining ocmpany to that lawyer and not respond on your own. You have a serious problem but it is one that a lawyer can give you serious solutions to, and probably keep your record clean. Even a misdemeanor ticket can pose all sorts of problems fro you in the fute. There are all sorts of prgorams that can result in the equivalent of adjiournment in contemplation of dismissal (ACD) which will clean the record up for you provided that you stay clean for the specified period of time. Goodf luck!

  5. Wesley Kent Hill

    Contributor Level 14

    2

    Lawyers agree

    Answered . You have already received great advice. Since you had no intent to steal, you should hire an attorney so that both Wal-Mart and the DA will know you are serious about challenging charges you feel are unfair and bogus. Your defense attorney will review the facts and assist you in articulating what actually happened should you go to trial.

    This response does not create an attorney client relationship nor should the advice be relied upon because it is... more

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