Can They Charge Me With A Felony?

[kuelker]

I know this is going to sound really bad and really stupid and I REALLY don't want anyone lecturing me about the mistakes that I've made so please don't.
Back in November I was extremelly stressed out from several different factors and I started up an old habit: shoplifting. Well, I got caught. And the worst part is is that I had my newborn baby with me. Well, the store called the cops b/c I didn't have my i.d. on me. The cops arrived put me in cuffs and repeatedly told me that I wasn't gonna get to see my baby again and that she was gonna get taken away by DFS. So when they asked me if I had other stolen merchandise located in my car I told them that I did. It had been a particularly bad day and I had gone to several different stores. After confessing they took the cuffs off me and let me hold my baby again. The cop then called my mom and had her pick the baby up and took me down to the station to get booked and processed. I had to spend four hours in their "holding area" and then they let me go without charging me.
When I was leaving the cop told me that he wasn't quite sure what I would get charged with. Either shoplifting the $150 at the store where they caught me OR they would add everything together and charge me with a felony.
Well, they decided to charge me with the felony. I found out before I left the station that that was what they were gonna do. Now I'm supposed to sit it out and wait for the warrant to get issued. I've contacted a few lawyers but I have no $ right now so I can't hire one. But I have gotten the same advice from all of them and that is that I can not be charge with a felony because 1) I was only caught with $150 of merchandise on me and 2) the stuff in my car was from other stores and other incidents so they could not combine them into one.
It's been four months and now I'm walking around on eggshells afraid to breathe in case they have issued a warrant. But I check casenet every other day and nothing has shown up so I'm wondering IF they are going to reduce the charge to what it should be or if they are just really slow at doing their job.

[BOR]

You did not list your state, but if the attorney's you consulted stated the police can not charge you with a felony, one must assume it is absolutely correct?? Could be the cop was blowing smoke to scare you??

If this holds to be true, then say you shoplifted at 4 stores, then you can only be charged with 4 misdemeanors, or whatever your state classifies them as.

Some states have enacted basically "continuing" shoplifting laws. Say the felony $ amount is 200.00. A person shoplifts at 5 different stores but under the felony amount at each store, thinking they can not be charged with a felony, but they can, since the totals are accumulative, IF that state permits such, and according to the att's you consulted, this is not the law there.

The laws I have seen generally limit the thefts to a certain time frame, 3 or 4 days within each other.

IF indeed you end up charged with a felony, possible imprisonment is over 6 months, so the federal constitution mandates you MUST be provided with a public defender if you are indigent. The only exception is, if the state will NOT seek jail time, whether it is authorized by statute or not, then they do not have to provide an attorney under the federal constitution. Your state laws may be different and one will be appointed regardless.

I find it odd, you were not formally charged before being released?? If you were, trial MUST take place within a certain time frame? If the law has knowledge you have committed a crime, such as you have been arrested for, and does not charge for many months, this seems quite odd? Although they "technically" can file a charge within the applicable statute of limitations (SOL), just sitting on thier rights is a plus in your favor.

Could be the merchant dropped the charges? Even if you had contraband in your trunk from other lifts, unless the police have probable cause to believe it was stolen OR have a merchant witness to such, they can forget about those charges.

I don't see any great penalties upon conviction, even IF you are eventually charged.

Hang tight.

Best wishes for you and your little baby!!

[525601minutes]

Does anyone know if the OP (or her mom) could/should just call the DA and ask if/when & what (if anything) she is going to be charged with??

[panther10758]

If there are several stores involved yes it can be a felony buglary. Consult with a criminal defense Attorney to help you decide on a defense plan