Legal Question in Criminal Law in Virginia

accused petit larceny - shoplifting

I was accused of petit larceny for alleged shoplifting. I had no intention to shoplift but did a mistake of taking the merchandize to the exit. I did this unknowingly while trying to car of my 2 year old son and while I was talking to my husband on the cell. Little realising that there were some unpaid merchandize. I don't want to plead guilty in court as I never intented to shoplift. It's the first time that I have been accused. And I dont want to admit to something which I never wanted to do. It's a matter of self pride. I have been honest individual all my life. And have a clear no criminal or conviction fo any kind background.

I'm looking for some competent advice. Is self defence a viable option? If no what are the kind of lawyer fees that I'm looking at If i were to hire one.

Also I beleive that in VA fairfax, they case is never tried in the first hearing and that it goes to a next hearing if u plead not guilty. Would it be allright if I hear a lawyer for the next hearing to limit my lawyer expenses. We are immigrants and can't afford to pay to much.


Asked on 2/24/05, 9:57 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: accused petit larceny - shoplifting

I see no problem with your appearing at the first hearing set for this matter without an attorney. However, this will be your opportunity to ask that the court appoint counsel to represent you in this matter if you cannot afford to hire such on your own. In the event that you do not qualify for a court appointed lawyer, then very soon after this hearing you must retain the services of a lawyer who is not only competent to represent you on this crimnal charge but who is also knowledgeable as to what consequences a conviction on this charge might have for you in terms of your current immigration status.

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Answered on 2/27/05, 11:22 am
Richard S. Stolker Uptown Law, LLC

Re: accused petit larceny - shoplifting

Taking merchandise outside the store without paying for it is considered theft, so the police were not wrong to charge you with it. However, your preoccupation with your child and your cell phone call could constitute a valid defense -- no intent to steal.

You do need representation in this case, since the potential consequences are quite serious and because the procedure in Fairfax County, as you already have discovered, are a bit complicated.

If you have any questions, please feel free to call. I practice criminal law in the Fairfax County courts and would be glad to assist you.

Richard S. Stolker

301-294-9500

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Answered on 2/25/05, 10:29 am


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