Accused of Shoplifiting While on Probation

Hi,
Yesterday I was stopped after going to purchase some things as I realised I didn;t have my wallet on me. Figured it was in my car. So I put down the basket and told her I'd be right back. I had been in a hurry so i had HONESTLY already stuck the things I'd be using in my car ride home in my purse, with the HONEST intention of paying for them. I walked out the door and immediatley a guy came up to me showed me his badge and said he needed my purse. I told him I was just running to my car to grab my wallet..no such luck.He arrested me for shopliftng on the things in my purse intended for purchase ~25. the basket which I really needed too was ~75, and he pulled personal items from my purse as well claiming them his.

I said I was willing to pay for everything. They asked for my id, which obviosly was in my wallet, they escorted me to my car, and to my utter SHOCK my wallet wasn't there. They had already placed me nder arrest and read my rights handcuffed me, when I didn't hve an id they said they needed to call the cops. and that as long as I had never been in trouble I wouldn't be going to jail. Well I have been in trouble and am on 2 probations- driving stuff but that require no criminal law violations. I asked if we could call a friend to bring my wallet...if the police come they call my POs one of which hates me. So after an hour I convinced one to go to my car to grab my cell. I called a bunch of people and a friend left her work to get into my place and bring the wallet. I suppose you could say it was to my advantage that there had been a bomb threat at city hall in seattle, so i was waiting for 3 hours. RIGHT around the corner from the main police station. My id arrived so they wil be sending me a citation for a court date 8-12 weeks out is what I was told. I refused to sign the gulty paperwork, only signed the paper banning me from the store and the one confirming my address etc,
I have several questions. all was beginning to go well for a very difficult probation DUI deffered, this will obviously set me back, but how soon will they know about it in a PO office?

Is there anyway in WA state to get something like this dismissed, minus a whole lot of probabtion?two is hard enough! I have a PD on the DUI defferred, we go in for a review in the diistrict court on the 25th this shoplifting charge wil be through muni- which here is much harsher...Will it be in their records yet? Would I hire a different attorney or see if this one can go betwen the courts?

THANK YOU SO MUCH FOR ANY ADVICE!!!!!
screwed :cry:

You need to RUN (don't wait!) to the attourney that helped you get probation on your DUI. You need to find out if this violates any probation your already on. If he can't help you start calling attourneys that are local to the court that your being charged in for your retail theft and ask if they handle retail theft. Don't try going this alone especialy if you have previous charges.

That's a good suggestion. You need to avoid the possibility of a probation violation on your DUI sentence, in addition to dealing with the shoplifting charge, and it should very much benefit you to have the assistance of a lawyer.

Thanks for your responses!So I don't know for sure what court it will be in, but I think Seattle Muni- which is BAD. They are definately the harshese, and should I get th judge I'd had on an old dribing violation I will most certainly nbe sent to jail. IN which case, I will get a gun and kill myslef first. I'm in grad school working on a double MA and to have to abandon that would literally kill me.

OK, that aside. Can I call my current PD? I have NO money, (I dd have enough for my purchases which they considered theft thought) but I have no $ for lawyers. Or, Do you think I really need to hire a private attrny? My experience with them has been that I get completely screwed after paying loads of money they have literally conviced me to sttel on things that I definately could have won, like the DUI, which I am now in 5! years of probation for. PD seem to geniunly care about their clients, hence their choice in going into law that doesn'tpay them crap and in which their case loads FAR outwiegh those of private attrnys. My experience in the private attrny world is that they have pushed me to go to trial, and then at the last moment when they are busy or want to go n vacation, they have convinced me to settle. I cannot face another probation. My currnet DUI one has disables me from moving and actually being proactive in my eduacation. She literally banned me from leaving the state, which is unheard of and tehnically illegal. But, once you settle and sign on the dotted line you give up your normatl rights - something I was never told by the private attnys. She also HATES me and would LOVE to send me to jail.

So were I to get a violation (which I will regardless of settlement here in WA- an arrest is an offense. period) she will push for the maximum vilation cost- currently 1 year on cty jail. And then I would face the charges of the "theft." so ny thouhts--do I NEED to go private?

Thanks!!!
seeking

You can try to speak with your public defender. You may have to first petition for appointed counsel in relation to the new case. I would suggest moving expeditiously, even if you have to retain private counsel. (Your former public defender may even be able to suggest somebody.)

Whoops! I'd read your post wrong you told me to go to my lawyer who'd helped me get on the deferred. Unfortnately that was a privae attrny. The problems I spoke of with private attrnys relate a lot to him. He had said take this to trial, you will get off. Lst minute he said go for defferrd. Which in WA state is a very complicated and difficult procedure.

1. you tall the court you are an alcoholic ((which I am not)
2. You go to Tx for 2 years, first intense for 4 weeks, then 26 weeks of weekly groups and a monthly appt with your drug counslero and random UAs.
3. For the remainder you go one a month to a group and see your counselor once a month.

I was in "violation" b/c I had missed an appt with my counselor. The court dismissed the violation.My PO put another one b/c I was not in Tx. The court had okayed my move to SF, CA and told me to go there and enroll in Tx. So I moved 1/2 my things, went down and spent almost a week to find a center. I enrolled in one that is considered the "best in the world." I came back, and my PO said sorry no way, you cannot move. The judge took that recommendation. I still HAD to move in 2 days 'casue my apt was rented. So I had to couch surf while searching for apt and get okay from my school to begin my 1st year from a distance- very difcult to do, and requires me to keep a 3.8 average. So, I moved into storage slept at friends and looked for a place I could afford. Moved in about 2 weeks later, into a basement of a house. The couple upstaire over heard me talking on the phone about treatment centers, cops, Probation officer, jail, etc and asked me to move out. Giving me a month. I immediatley began looking for a new place and moved in 2 weeks. I moved and worked on my school stuff that I'd been neglecting. Went to see my PO and she again violated me, becaude it'd been a month and a half or 2 and a half including the SF trip since I was in treatment.

I had court the next day and they gave me 1 month to get into treatment. Much to my dismay my state medical insurance had put me on a new pilot project requiring my Dr. - a community health clinic to refer me into Tx. I called for such an appt. and they wouldn't give me one for 2.5 weeks.

In the meantime I set appts for the inital intake at the 2 centers I was allowed to go to. Went to one and they wouldn't help me until I had the referral. The other only had an appt for one month away, but I could also go to stand-bys in case no one else showed up. I did this 15 times, before I got to be seen.

In the meantime, the clinic called me to say the Dr I was schedled to see was out sick, and they needed to reschedule me - one week out. I called them the next day saying I thought I had yet another sinus infection and a really high fever. The gave me the choice of 5 appts the next day. I went and told the Dr I was there under false pretene and explained. She too was agast at the fact that I'd been forced to way so long. The night b4 I had found another center no one had told me about- they spelialized in working tih Gay, Lesbian, Bi-sexual, and transgenders (remember I live in Seattle). They had given me an appt for the nxt week. (a day after my hearing), So I got the referrals to the 3 places, set up another appt at the 1st place, again 1 week outr,

4 days late I went to yet another stand=by the 15th one, and FINALLY someone didn'tshow. So I enrolled in a horrific place that deals with folks who are also severly mentally ill (which I am not, but played the part. Sucked. I sent to court the following monday with confirmation that I was indeed ennrolled, but didn't start until wed. Fine, they gace me another month to review me.

The day before I had to my PO, who again violeted me, b/c I hadn't yet begun. Fine. I wnt my appt at the sexual minorty place and was set to begin the next monday. I cancelle my enrollmet at the psychiatrit place & began the next monday. They were the ONLY place that was going to crdiet my year of Treatment, against the advice of my PO who wanted me to start ALL over. K, so all is going well until Friday with the whole "robbing thing".

My PO refused to set up another appt untilI I was in Tx.. I haven't called her to set up anoth appt. Figuring by the time I go to court I will only have 2 sessions of group lef, then I will se up another appt with her b/c ultimately they have the authority to make a judment.Last time I saw her first she had made the recommenddation that I not move and atart all over, plus that it in her opinion they shoudl revoke it all and put me in jail the max penalty -- one year.

OKay, so my lawer is on vacation till the 18th. So I cannot run to him right now as you had suggested.So- my questions R now these:

1-How long will it b b4 the court (cty distrct) b4 they wil know about this vioation?
2- My lawer is out of town tiill the 18th, my court is the 25th, They told me told mw ro expecr a court date 8-12weeks. from now. Should I run and get a lawyer b4 the 18th?
3.They didn't give me any copies of their report. How ro I get them, AND isn't that illegal?
Okay more questions but i MUST do sleep.

Thnx again for 4 your responses!
seriously screwed

I suggest that you ask at the office of the lawyer you wish to hire, whether they have made arrangements with another firm to cover for him during his vacation. If not, I suggest you consult with another local lawyer about your situation, such that you get the most appropriate advice.

hey aaron, thanks for all the info! one final question for you.
Do you know if it is unlawful/illegal that they did not give me any paperwork before letting me go?

Thanks!
SS

Who did not give you what paperwork?

The Retail Theft guys who arrested me did not give me any paperwork or anything when I was released. I was so anxious to get out of there that I forgot to ask for copies of their reports, the papers I signed, or what the citation number was or anything. That is the paperwork I want. I want to know what exactly they said I took etc. They took things from my purse that were mine- pack of gum, bottle of water, etc... I lost track of the stupid little items that were definately mine. I would like copies of that stuff in order to build my defense etc. I don't know how to go about getting it, and I would think that legally they would have to have given me something.
no?
Thanks!