Expert: Robin Sexton - 4/10/2008

Question
I live in Cincinnati and was on vacation in Tennessee a couple weeks ago and made a very stupid decision to take some diet pills from WalMart in Knoxville.  I was caught of course, and charged with misdemeanor shoplifing and I must return for booking and processing in a little over a month.  I am 24, and have no criminal record.  The officer told me that I was allowed to go home since I promised to return next month for the booking, and said I would not go to jail for this.  However, many things I have read online say otherwise.  First question is, what are my chances of jail time and how long could it be?  Second, how much of a fine can I expect to pay?  The value of the pills were around $100.  Also, is there any way I can either get the booking date moved up or avoid having to drive all the way down there numerous times for booking, then a trial, etc?  I know I made a mistake and will do whatever I have to in order to get this resolved, but I'm afraid I will lose my job if I have to miss work more than once or twice to go back to TN for this.  Do I need a lawyer?  And if I must do community service in addition to a fine, will they let me do it in Ohio?  Thanks so much for any insight.

Answer
Kevin,

On top of all this it is very embarrassing also.  Lets keep this in perspective, the vast majority of people that get involved with the criminal justice system and really decent people who make a mistake.   Although this is a very important and threatening issue for you for the criminal justice system this is very common.  If the officer told you that you were not going to be jailed he is more then likely telling the truth, very common.  Especially since you are agreeing to drive from Ohio to Tennessee to take care of this.  I suspect your chances of jail are slim to none, this is a very common offense and fairly minor in scope.    I really can't answer the question on fines as they are very court and state specific.  If you need to change the booking date to an earlier time that should be no problem, Call the officer and make the arrangements, make sure that you will be able to get to court the same day and if there is a bond find out how much and have the money with you.  The officer should tell you all this.
    As to if you need a lawyer that is a difficult question for me to answer.  Each state and court has little variables that they use.  Because of your record you may be eligible for a first offenders program, a delay of sentence,  have the sentence taken under advisement etc.  Obviously lots of things.  It may be worth the money to consult with an attorney in that courts jurisdiction ( public defenders office perhaps) for some insight as to what is available in that county. Regarding the community service and being able to do that in Ohio instead of Tennessee that is a possibility, all things are negotiable.  The most important aspect is your attitude toward this situation which appears you have a good one.

Good luck


Robin