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Caught Shoplifting For the Third Time

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  • 10-19-2010, 01:57 AM
    dumbdumb
    Caught Shoplifting For the Third Time
    This is in State of California.
    I am 39 yrd single mother who has some financial problems (I know this shouldn't be excuse but it is the main reason why I commiteed the crime). I stole two dvd players last Thursday from Fry's and didn't get caught. I went back to the store today and decided to get another one for my son. They stopped me when I walked out. I was taken to the room for interragation. I was extremely scared so I was very corporative with them. I also admitted the last Thursday incident. They had me call a friend to go to my home to fetch those two items. Total is $809.
    I had proior two convictions in 2003. The first was dissmissed and second was expunged in 2004. I swear to God that I have been an honest shopper ever since, until recently I lost my mind again due to my depression, hige stress, and lots of other personal problems - I am a demestic violence victim and I have two very small children whom I just got back from foster home not long ago. Because of the DV and the CPS involvation, I haven't been able to work for the last two years. Now I am still dealing with the trauma in every aspect of my life. Now I got caught shoplifting. I am now scared to death that my kids would get taken away again. I wouldn't be able to live through that.
    For my depression, I have been seeing a psychiatrist for a while and currently on anti-depressant pills. I am also on anti-anxiety and high blood pressure pills. I know these shouldn't be any excuses. I feel extremely shamed and even more depressed for what I just did.
    Even though you might think I deserve these consequences, I still want to know if there's any chance to ask the judge's sympathy. What would happen at the court date 2 months down on the road? I can't afford a primate lawyer, will I be able to get a PD? Neither the store LP or the police officer announced to me "Miranda Rights" and they detained me for 4 hours, is there any violation of my civil rights? Should I get letter from my psychiatrist to explain my mental being? How can I avoid to go to jail? Please help! I am really not a bad person, I just have a very screwed up life. I am in deep remorse and disgusted by what I did. I can't even face my two toddlers. Any oppions would be appreciated.
  • 10-19-2010, 05:03 AM
    cyjeff
    Re: Caught at Fry's Today. This is 3rd Time
    plead not guilty and ask for a public defender.

    Your civil rights were not violated in the least.

    You are also going to receive a really hefty civil letter for at LEAST a thousand dollars.... you do realize you committed a felony, right?

    What EXACTLY were you charged with?
  • 10-19-2010, 05:19 AM
    flyingron
    Re: Caught at Fry's Today. This is 3rd Time
    Quote:

    Quoting dumbdumb
    View Post
    I am 39 yrd single mother who has some financial problems (I know this shouldn't be excuse but it is the main reason why I commiteed the crime).

    Disingenuous at the least? People with financial problems definitely need DVD players for themselves and family members? I
    Quote:

    I had proior two convictions in 2003. The first was dissmissed and second was expunged in 2004. I swear to God that I have been an honest shopper ever since,
    These will not escape the notice of the criminal justice system. Six years is not a long time (the records are forever).
    Quote:

    What would happen at the court date 2 months down on the road? I can't afford a primate lawyer, will I be able to get a PD?
    Arraignment, conviction, sentencing, most likely jail. You're charged with a felony most likely (487 PC is it?). You've got two priors.
    Quote:

    Neither the store LP or the police officer announced to me "Miranda Rights" and they detained me for 4 hours, is there any violation of my civil rights?
    Your civli rights? Hardly. First off, the LP isn't required to give you Miranda at all. Second, the police only need to do it prior to questioning you while in custody. Even if they omitted that, it only invalidates the subsequent questioning.
    Quote:

    Should I get letter from my psychiatrist to explain my mental being?
    Unless you have a significant personality defect that renders you incapable of understanding the difference between right and wrong, no you can't use this as an excuse or even a mitigating factor.
    Quote:

    How can I avoid to go to jail?
    Get a lawyer. If you are truly indigent, ask for a public defender.
    Quote:

    Please help! I am really not a bad person, I just have a very screwed up life. I am in deep remorse and disgusted by what I did. I can't even face my two toddlers. Any oppions would be appreciated.
    Oh, you want opinions? Opinion is that the remorse at getting caught means you're not a complete sociopath, but you are indulging in failure to accept responsibility for your own life. All you inquire about is excuses.

    By the way, don't take the kids to court. I'd be looking at getting someone to take care of them. Even if you only get a day in jail, if you have the kids with you, they'll go into custody of the CPS or whatever handles that sort of thing in your jurisidiction
  • 10-19-2010, 05:37 AM
    PandorasBox
    Re: Caught at Fry's Today. This is 3rd Time
    I'd use the Psychiatrist note and the mental health/depression excuse, but know that your kids will likely be removed from your home, and you may also find yourself (aside from jail) having a trip to an inpatient lock-up mental facility.

    The judge will not be sympathetic - even a single DVD Player is not necessary to sustain human life or health. 3...well, since you went back for it after stealing 2, aside from the Felony, they may be also able to show the judge you intended to shoplift that day.

    Yes, your previous records will still show.
  • 10-19-2010, 05:59 AM
    Mr. Knowitall
    Re: Caught at Fry's Today. This is 3rd Time
    Quote:

    Quoting PandorasBox
    View Post
    I'd use the Psychiatrist note and the mental health/depression excuse, but know that your kids will likely be removed from your home, and you may also find yourself (aside from jail) having a trip to an inpatient lock-up mental facility.

    Come on. That's not going to happen. Let's stick with the facts and reality, please.

    Quote:

    Quoting flyingron
    View Post
    By the way, don't take the kids to court. I'd be looking at getting someone to take care of them. Even if you only get a day in jail, if you have the kids with you, they'll go into custody of the CPS or whatever handles that sort of thing in your jurisidiction

    That is a valid issue - you don't take your kids to your sentencing. It's poor enough judgment to expose the kids to that type of scene, but if you do get sent to jail the court will not ordinarily have any option but to have the children taken into the custody of child protective services.
  • 10-19-2010, 06:05 AM
    flyingron
    Re: Caught at Fry's Today. This is 3rd Time
    Quote:

    Quoting Mr. Knowitall
    View Post
    That is a valid issue - you don't take your kids to your sentencing. It's poor enough judgment to expose the kids to that type of scene, but if you do get sent to jail the court will not ordinarily have any option but to have the children taken into the custody of child protective services.

    Don't even take them to the arraignment if there is any chance you'll end up in custody (i.e., they want bail).
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