I was recently charged with "theft of property" at a Walmart. I was going through self-checkout, and while I bought the majority of the items, I forgot about $45 worth of stuff. I was stopped by an employee and taken into a back room, and they pressed criminal charges. I was arrested and taken to jail. I have no prior offenses of any kind, and was not in Walmart's system as someone who has had issues there in the past. I have court in about 3 weeks. What can I expect? Surely this won't stay on my record...right? I'd be willing to pay a civil fine (they mentioned me getting a letter in the mail about civil charges) if it meant getting the criminal charge dismissed.
Jenae Louise RandallCriminal Defense AttorneyFayetteville, AR ·
You should hire a criminal defense attorney. If your court date in 3 weeks is an arraignment then you will be asked to plead either guilty or not guilty. If it is a trial date and you haven't taken a plea agreement then you will be expected to put on a trial. The valued amount is small, but is still a Class A Misdemeanor, which carries fines and the possibility of jail time. Do not go at this alone. An attorney can help ensure that it will not go on or remain on your record.
Ronald L. JurgesonCriminal Defense AttorneyLees Summit, MO ·
I believe that you certainly should hire an attorney. Use the Find a Lawyer feature on this site.
You may be able to keep it off your record, but that would be a discussion point for the local attorney you contact.
The civil fine WalMart is taling about will be separate and distinct from any criminal disposition of this case.
Mark Andrew Nickel Jr.Family Law AttorneyYorkville, IL ·
You definitely want to retain an attorney. Find an experienced criminal defense attorney who practices regularly in the county in which your case is pending. Even if you have no prior offenses this can still have long reaching effects if not handled properly. For example, having a theft offense on your record will make finding employment difficult. Even if you are employed now you are very young and do not want to be saddled with this for the rest of your life and should take it seriously.
The civil demand letter you will undoubtedly receive is not related at all to the criminal case and will have no impact on it. The conventional wisdom is to ignore the letter because the expense it would cost Walmart to pursue the matter if you do not pay is not worth it to them. They just send them out and hope people will just pay without question. Good luck.
Debra Joan Cheatham ReeceCriminal Defense AttorneyRussellville, AR ·
The letter about a civil claim has nothing whatsoever to do with the criminal charge. It's something Walmart corporate does. Yes, this can stay on your record. A class A misdemeanor is punishable by up to a $2500 fine and up to one year in the county jail. You need to hire a good criminal defense lawyer who can try to negotiate a reasonable deal for you.
Excellent points made by several attorneys on this thread. You are dealing with Wal-Mart, so don't count on receiving leniency. Certain district courts also require a jail sentence with a guilty plea. An attorney can explain this along with the pros and cons of appealing a district court plea or finding of guilty to circuit court. I also see that you "forgot about $45 worth of stuff" so I am assuming you did not intentionally shoplift. Hire an attorney!!
