Legal Question in Criminal Law in Virginia

I am 19 years old and my friend is 17. Both of us have a clean criminal record, but I have a driving record (speeding).

We went to a department store in Woodbridge, VA and I paid for $74 and some change worth of clothes.

She stole a pair of yoga pants for herself and a lingerie top for me. Those two items totaled up to $34 and some change. She was caught as we walked out the building.

She originally told the police officer and loss prevention officer that everything was hers so that I wouldn't get in trouble. She was then hand cuffed and the police officer told her she was under arrest for petit larceny. She then went on to tell them that the lingerie top was mine and I was then put under arrest for petit larceny.

I didn't have anything stolen on me, but was told because I was in the fitting room with her while she was stealing I was being charged also.

The officer gave me a summons to appear in court next month and my friend claims she wasn't given anything and that she was told things would probably be settled out of court for her. She also said when I left to go outside with the officer to get my information checked that she was told she could pay for the items and had the charges dropped, but I'd still get in trouble.

My question is what would likely be the outcome of the situation for the both of us and if we are eligible for SIS.

I also want to know if I do get SIS, will it completely erase from my record and not even show if a police officer ran my information another time.

Also, the officer did not read us our rights when she placed us under arrest. Doesn't that mean the case is supposed to be dropped?


Asked on 8/29/10, 1:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If you have no prior convictions, you should be elgible for Suspended Imposition of Sentence (SIS). Otherwise, each of you

will likely be convicted of petty larceny.

Nevertheless, even if you secure an SIS disposition, there is no guarantee

that some reference to this disposition will not remain in some law enforcement

database.

The answer is no to your last question(a common misconception).

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Answered on 9/03/10, 4:41 am


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