Tag Archives: RETAIL THEFT

I’m concerned about the law that was passed in PA for limited access to my criminal record

Q: I have two summary charges from 2006 for Retail Theft and Disorderly Conduct. Would I be able to have those charges sealed from employers if I got another summery conviction in 2016?

A: Summary non-traffic offenses can be expunged if five years of arrest-free behavior has passed. Based on what you are saying here, it sounds like the 2006 offenses could be expunged. The process takes at least 6 months, often more, to have the records disappear. If they are Allegheny County charges, I would hire a lawyer to get started now. (Pittsburgh, PA)

WILL RETAIL THEFT CHARGE GET ME KICKED OUT OF ARD? DO I NEED A LAWYER?

Q; I have ARD already and I just got a charge for retail theft. What will happen? Will I go to jail? And I never got retail theft don’t have any retail theft on my record. Also I have ARD already. What will happen? Will I go to jail? Also I didn’t steal anything, and it was under the 25 dollar min. They thing that they said I stole got stuck under my big bag so I didn’t see it I told them but they are still charging me.

A: Yes, this is a situation in which a lawyer can help you. I cannot tell from your question, if you are currently in the ARD program or received ARD in the past. If you are currently in the ARD program, any new conviction could get you discharged from ARD. Your ARD terms and conditions may require you to report any new arrest so you need to discuss this with the lawyer who handled your ARD case. You may have an option at the Preliminary Hearing to avoid a conviction and have your case dismissed. An attorney can guide you through this process.

Can I get my Retail Theft charge expunged?

Q: Will attending the ASI course in Allegheny County get the charge and fingerprints expunged or just dismissed. What is required to get the first retail theft charge and fingerprints (of a 17 year old) fully expunged? (Marshall Twp, PA)

A: If the District Justice ordered ASI for you, as long as you complete the program, which is a diversionary program, there will be no conviction. However, you will need to have an attorney to expunge the arrest records. As soon as District Justice dismisses the charges, call an attorney to start the expungement process.

Will retail theft charges be consecutive or concurrent for sentencing?

Q: What happens when 2 counties (PA) simultaneously charge Felony 3 retail theft and receiving stolen property lumped together? Husband recently arrested in Beaver County and charged w/2 counts each of retail theft and receiving stolen prop, all Felony 3’s. Allegheny County is also about to charge him with 1 count each of the same charge. He was on state parole at the time and his violation is the new charges. They are felony 3 due to his extensive criminal record; mainly from 10 plus years ago. The parole was from bad checks from 5 years ago. I know an F3 can result in 7 yrs. Unsure if 4 counts F3 mean 28 yrs? Consecutive or concurrent? Confused by the law…

A:  Two counties can charge him as long as each set of charges are for different offenses, arising out of different circumstances. For example, county A can charge for Retail Theft of shoes from Macy’s within County A jurisdiction but County B cannot charge Retail Theft for the same shoes from the same Macys in County A. County B can charge, for example, Fleeing and Eluding if there is a police chase in County B after the Retail Theft which happens in County A. In regard to the new charges, yes, although I wouldn’t expect it with your husband, the court can sentence consecutive (stacking) and not concurrent (merged). However, these types of crime probably “merge” for sentencing purposes. I think his potential parole violation is your biggest concern. The judge can sentence him to the balance of his prior probation sentence. If he is under the jurisdiction of the PA Board of Probation and Parole, his sentence will be whatever the PBPP normally doles out for parole violators in his situation under their rigid guidelines. If he is under state parole, he should ask his parole officer what the violation “hit” will be. If he cannot afford counsel for the PBPP hearing, he can request a Public Defender.

 

Retail theft at Giant Eagle. Will I go to jail?

 

Q: I have been charged with retail theft, a misdemeanor. This was at a Giant Eagle the amount was around 150 in merchandise. The merchandise was in the cart I did not leave the store. I went to the front to get other merchandise. I was stopped. Nothing was concealed. The store is not seeking restitution as there was no merchandise taken. This is now in a court hearing in a few weeks this is a huge misunderstanding. What do I do how much jail time can I get? Is there any way out of this without a record? I am to start law school next fall. If I am convicted that is over. This is crazy.

 

A: You really, really, should hire a lawyer and go over all of the facts with him or her, and learn what your options are. You don’t always have to leave the store for a prima facie case of Retail Theft to be met. The statute speaks of “concealment”. I have had many clients who have not left the store but have concealed something on their person or in their cart, while in the store, and are charged. I don’t know what happened here but you may have a defense. If you assert you are innocent, your attorney can look at the video if there is any. He or she can advise you if you have a defense worth pursuing. If you don’t have a defense, and you have no criminal record, an attorney will know how to get you out of this with no record which will benefit your career endeavors immensely.

I received a civil claim letter demanding 180 dollars. Do I have to pay it?

Q:I am 16 years old. I was caught shoplifting 30 dollars worth of merchandise. I was detained until someone came to pick me up, though no one came so they released me. No police were involved. I had to sign 2 or 3 papers, I was so nervous I didn’t read what I signed. They took down my info including my social security number. Yesterday, I received a civil claim letter demanding 180 dollars. Do I have to pay it? What happens if I don’t? I don’t have the money too.

A: These civil demands are generally from some out of town law firm who will not sue you in your local court over a $150 or $200 demand. Most attorneys advise to ignore them. However, there have been instances in which I had to be creative in persuading the store employee and DA into dropping the charges. In those situations, I used payment of the civil demand along with other things I had my client do before the hearing, as a justification for a dismissal. Payment of the civil demand, although not necessary, was one more positive factor weighing in favor of my client when I was able to convince the judge to dismiss the charges. I would say, do not rush to pay it and seek the advice of an attorney before doing so. The attorney can also advise you as to whether your case should be in juvenile court or not.

WHAT IS SENTENCE FOR MY FIRST RETAIL THEFT OFFENSE?

Q. Do I have a chance of going to jail for retail theft? I was caught shoplifting. Total was $180. This is my first time stealing from a retail store. I got fingerprinted and everything. Now I have a preliminary hearing next week. I’m really scared and nervous. I got a public defender. What should I expect at the court? Do I have a chance of going to jail or can they give me some community service and a fine?

A: Unless you have a history or retail thefts, jail is not likely. If this is your first offense, have your Public Defender look into a first time offender program for Retail Theft to see if your Public Defender can negotiate a withdrawal of the charge with the District Attorney’s Office.

SHOULD I PAY THE CIVIL DEMAND FOR MY RETAIL THEFT CHARGES?

Q. Do I need to pay a “Civil Demand” from Wal-Mart’s lawyer?Last year, on approximately May 28th, 2012, I made the big mistake of stealing from Wal-Mart. It was a 422.00 bathing suit, and looking back now I realize it was a stupid idea. This was my first ever offense. They took me into the front of the store and called the police. I had to pay a fine from the court for $300, which I completely paid off back in November (payment plan). Today I received a letter from some law offices stating that I needed to pay $150 in civil restitution. Do I have to pay this civil demand? Why would they send it almost 9 months after the incident? Like I said, I paid my fine with the court and the law has not bothered me about it. I was always on time with my payments. And now suddenly I have a $150 demand for “damages”. Help please?

A: You were charged with a misdemeanor which obviously they lowered to a summary offense which is punishable up to a $300.00 fine or 90 days in jail and you received the fine. If this was your first offense, this is unfortunate as an attorney may have been able to get the charges reduced by getting the DA to agree to a diversionary program. If it was not your first offense or the DA would not offer a program, then the deal you received was fair. As far as the civil judgment, do not pay it, especially if the criminal case was resolved. It is most likely from some out of state law office who is not going to hire an Allegheny County attorney to sue you for a couple hundred dollars. These companies or law firms that provide this service for the department store send these letters to everyone who is arrested by the store they have contracted. Most people that are charged feel it will somehow benefit their case and pay without first consulting with a lawyer.

SHOULD I PAY THE CIVIL DEMAND FOR MY RETAIL THEFT CHARGES?

Q. Do I need to pay a “Civil Demand” from Wal-Mart’s lawyer?Last year, on approximately May 28th, 2012, I made the big mistake of stealing from Wal-Mart. It was a 422.00 bathing suit, and looking back now I realize it was a stupid idea. This was my first ever offense. They took me into the front of the store and called the police. I had to pay a fine from the court for $300, which I completely paid off back in November (payment plan). Today I received a letter from some law offices stating that I needed to pay $150 in civil restitution. Do I have to pay this civil demand? Why would they send it almost 9 months after the incident? Like I said, I paid my fine with the court and the law has not bothered me about it. I was always on time with my payments. And now suddenly I have a $150 demand for “damages”. Help please?

A: You were charged with a misdemeanor which obviously they lowered to a summary offense which is punishable up to $300.00 or 90 days in jail and you received the fine. If this was your first offense, this is unfortunate as an attorney may have been able to get the charges reduced by getting the DA to agree to a diversionary program. If it was not your first offense or the DA would not offer a program, then the deal you received was fair. As far as the civil judgment, do not pay it. It is most likely from some out of state law office who is not going to hire an Allegheny County attorney to sue you for a couple hundred dollars