Hi.my name is Tiffany and. about a week ago I was shopping in Wal-Mart and did self cashier and didn't realize more items were in a tupperware container and a few other items out in plain site. I was also sick at the time and needing to sit in my car until I felt a little better. I was distracted is where I was going with that. Zero tags removed, Absolutely nothing hidden in my purse etc. I was given a summons to go to court for May 11th. I do private nursing and am really freaked out... I CAN'T have that in my field. I just opened a letter from Wal-Mart's lawyer's asking me to pay 200.00 asap to avoid a civil lawsuit? No items were ruined. Is that considered a good thing they want me to do? I 15 months ago was arrested for a dui blew triple zeros. I did a urine test and had . thc in my system. My case was reduced to reckless driving, all probation is over but I'm so scared and sick over this!! Please help
Answer
Retail theft (shoplifting) cases are very often sent to a pre trial diversion program. You may or may not be eligible because of your prior RD case. If you chose to attend court alone (which I wouldn't recommend) you should approach the prosecutor in court prior to the start of the calendar call and ask nicely if diversion is available to you. I would not say much else, particularly anything about your RD prior. They may offer you diversion. If not, you have two other options....accept a plea of guilty or no contest to the charge or go to trial.
The letter you got from the lawyers for Walmart is permitted, but really is used as a scare tactic to get money from people. What do you think the likelihood is that you'll be sued for this? Pretty small, if you ask me.
Get a lawyer.
Answer
Agree with everything Attorney Blecher mentioned. I wanted to add that I can't encourage you NOT to pay, but I have yet to see Walmart actually sue anybody for this, especially when they got all their items back. Meanwhile, get an attorney.
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