Should my friend plead guilty or a charge of shoplifting?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should my friend plead guilty or a charge of shoplifting?
My friend was arrested for shoplifting and accused of taking things. She always tries shoes on and then walks through the store to test them out. As soon as she had paid for her things the manager approached her. She instantly remembered the shoes. She was the taken into the office and rudely interrogated and then searched and cuffed. She is 56 and never stolen anything in her life. What should she do?
Asked on January 15, 2019 under Criminal Law, Montana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since shoplifting is a criminal offense, your friend should have legal representation. An experienced defense attoreny might be able to get the charge dismissed on a technicality. However, since she is a first-time offender, she will probably be offered "diversion" (or MT's equivalent) which is an alternative sentencing program whereby a defendant pleads guilty to the charge and receives a special probation; upon its successful completion the charge is withdrawn and the case dismissed. However, diversion is only allowed for a first offense. This means that if your friend gets into trouble again, it will not be available for her regarding any subsequent charge. That's why if she gets an attorney who can get the case dismissed, she will be eligible for diversion in the future if she should need it.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since shoplifting is a criminal offense, your friend should have legal representation. An experienced defense attoreny might be able to get the charge dismissed on a technicality. However, since she is a first-time offender, she will probably be offered "diversion" (or MT's equivalent) which is an alternative sentencing program whereby a defendant pleads guilty to the charge and receives a special probation; upon its successful completion the charge is withdrawn and the case dismissed. However, diversion is only allowed for a first offense. This means that if your friend gets into trouble again, it will not be available for her regarding any subsequent charge. That's why if she gets an attorney who can get the case dismissed, she will be eligible for diversion in the future if she should need it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.