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Retail fraud second degree

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  • 03-17-2005, 12:37 PM
    brunad
    Retail fraud second degree
    I was arrested for retail fraud, my lawyer will try to drop it or at least diminish the charges. I have never done anything like that before in my life. I have a college degree and a master degree and I work for a really nice firm. I don't know what happened, I am newly pregnant (3 months) and I have been extreamily depressed lately. I went and contacted a psychiatrist and she said that I had pre-partum depression. She said that my hormones are acting up.
    My lawyer sais that he believes he can drop it but I don't know how realistic that is. I am very scared because I know that sometimes they will take you to jail for this kind of things. I am not sure how he can drop it because as far as I know the store has me on camera. I have never been convicted before, not even a traffic ticket.
    Any advise or suggestion or just a comment will be greatly appreciated.
  • 03-17-2005, 05:19 PM
    aaron
    Retail Fraud
    Let's hope that your lawyer is correct, and that you can either get a dismissal or some form of delayed disposition which avoids a conviction.

    Given your age, background, circumstances, and lack of criminal record, it is unlikely that even upon conviction the judge would sentence you to incarceration. The most likely sentence would be probation, restitution, and a fine.
  • 03-19-2005, 07:32 PM
    brunad
    I hope you are right. My lawyer sais that he will also have to get a report from my therapist so that he can have some kind of proof to say that this is not really my personality, but is just the pre partum depression.
    I, on the other hand can't even sleep. I don't believe that I knew what I was doing and when I think about it, I almost can't believe that it was me. Anyways, no excuses, I just hope that it will not do too much harm to my professional and personal life (my unborn baby as well, doctor sais that they can sense stress).
    Anything, or any comments are very appreciated, somehow it makes me feel a little better.
    Thank you
  • 03-24-2005, 01:25 PM
    brunad
    retail fraud 2-nd degree
    I have a question: Is it possible to do a barganing or to settle the case at the arraignment? I have an arrignment in 2 weeks and my lawyer wants me to bring some docs with me then.
    Also, since this is my first offense and we are going to show that the circumstances (am pregnant and since this happened I started going to a therapist and she sais I have pre-partum depression) are not in my personality, this is not my normal behaviour, I would like to know how realistic , of course in your opinion, it is for me to get the charges dropped or diminished and if that is not possible, what are the chances that once charged I would have to go to jail?
    Thank you for your help
  • 03-24-2005, 01:54 PM
    aaron
    Arraignment
    Often there is no prosecutor in the courtroom for a District Court arraignment (although that can vary depending upon the local prosecutor's practices). The judge cannot enter into a plea bargain with you - only the prosecutor can plea bargain. If a prosecutor is present, it may be possible to reach a resolution at that time.

    Your lawyer is in the best position to advise you as to the likely plea offer, and any likely sentence resulting from a guilty plea.
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