Legal Question in Criminal Law in Pennsylvania

I've been in a rough spot the past few months, and I've been shoplifting from Walmart over the past few months to be able to have the basics and necessities I can't otherwise. I was caught last night, brought back into an office where I was talked to by an AP officer from another store, his main purpose to "confirm what he already knew". I was honest and I was cooperative about it, and in the statement I made I was remorseful about what I had done. I was not arrested, and he said to me I would receive charges in the mail and I would have a court date, and that in most cases around my area, as I'm a first time offender, the judge usually offers a retail theft alternative program.



Here's my main concern though: the estimated total we agreed on was $1200, but in that moment I was very anxious and I panicked and just agreed with him, afraid that things would take a turn for the worst if I didn't. I estimated my own total once my head was clear, and it was around $600, but I already agreed to the $1200 in writing. Am I able to do anything about this, or is it hopeless to try? I know it would make a huge difference in the degree of charges, but I'm not sure how to go about this.


Asked on 2/05/16, 6:10 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

OK so why in God's name did you ever think you could shop lift from one of the worlds largest and not get caught?

Next assuming your over 18 do have you been deprived of a TV all these years. Never saw Law & Order, Miami Vice, NYPD Blue, NCIS or CSI-Wherever. You should have known you had the right to remain silent. You can see the Homicide piece The Documentary on You Tube and Detective Pemberton can explain it to you or if a law professor is more authoritative you can look up Professor Duane's Eight reasons not to talk to the police.

As to taking back a written statement good luck with that. You were under no obligation to say anything, Further they were under no obligation to give you a Miranda Warning.

So there isn't much upside.

At best you'll get ARD. The plus side you might not have a record afterwards but the fines and costs associated with it are quite high,

{John}

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Answered on 2/06/16, 12:59 pm


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