Question posted in the Criminal Law category relating to KwaZulu-Natal
Good day
about 2 weeks I made a stupid mistake at Dischem not knowing what I was doing and shop lifted a vitamin supplement. To this day, I have no idea what I did with it or what the actual hell I did.
yesterday, I went to Dischem not knowing of my wrongs and they confronted me and opened a case against me.
Monday is my court case please let me know my outcome?
The item was worth 180 plus / minus and will I be needing my own attorney for the case. My situation is at that I work in America and I’m supposed to go back in the end of September: will they affect me going back?
Message from the Lawyer
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
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So they would have charged you with shoplifting?
Message from the Lawyer
If you plead guilty to the charges of shoplifting you must be aware that you will receive a criminal record which could very well impact any visa application that you want to make in the future. It will also stick with you for at least the next 10 years.
You could also plead not guilty to the charges and go through the trial procedures to see if the prosecutor has sufficient evidence to run a trial and to try convict you. There is a possibility that there won't be enough evidence because they did not actually catch you with the item on your body. It might not be enough for the magistrate for the prosecutor to simply rely on video camera footage.
What you could do instead is to speak to the prosecutor about an adult diversion course whereby you would do some sort of community service as your punishment and once the community service has been completed the prosecutor will withdraw the criminal charges against you, meaning that you will walk away without having gone through a criminal trial and also without having to plead guilty to the charges. You were there for escape without any criminal record at all.
Message from the client
Message from the Lawyer
I think so, because your lawyer can immediately speak to the prosecutor about an diversion course. Sometimes prosecutors want an accused to make a written representation as to why they should be considered for the diversion course, so your lawyer could assist you with that! Also, your lawyer could ask the prosecutor if they are really going to go ahead with the prosecution given that you were not actually caught in the act.
Message from the client
Message from the Lawyer
If Monday is your first appearance, you can find an attorney at the following page -
Https://www.southafricanlawyer.co.za
You need to contact them today or first thing tomorrow morning. Your first appearance would normal be at 11am or thereabouts
Message from the client
Message from the Lawyer
At the first appearance your case will definitely be postponed for further investigations for a period of 6 to 8 weeks.
If you are given the opportunity to do the diversion course, that would be the best case scenario for you.
If you are found guilty of shoplifting you will receive a criminal record and you will probably receive a fine of R500 or there about. The issue is the you will have a criminal record.
Message from the client
Message from the Lawyer
At the first appearance your case will definitely be postponed for further investigations for a period of 6 to 8 weeks.
Message from the client
Message from the Lawyer
Yes, it is.
Message from the client
Message from the Lawyer
I have absolutely no idea. Sorry. But I can't guess.