Printable View
I have a response to my first topic. I talked to my manager at work today about what happened. He thinks that they are just trying to get a scare out of me. He said that even though the cop read me my rights, I was never arrested or taken to the police department. Do you think it's possible that nothing will happen? And they really were just trying to scare me? And maybe the reason they took all my information, was incase it ever happened again, they could take action? Please help me. again.
I'm in the same boat as you man.
I was detained at Costco and told that I should be expecting papers from the court in 3-6 months! The best advice I can give you is talk to some lawyers and ask about what you're facing.
Just look some laywers up online or in the yellow pages, and ask to schedule a phone consultation when the receptionist picks up the call. It's really not as hard as you might think. And talking to one will make you feel a lot better. Trust me, I went through the same thing.
I dont want to go to any lawyers if I'm not sure whats going to happen. You dont need a lawyer to represent you, do you? I mean I'm a 17 year old girl, who's never done this before. My record is or was clean. No traffice violations, nothing. And this being my senior year, if my family finds out, my life, everything is gone. So They told me I "may" recieve something in the mail by an attorny from kohls or the courthouse telling me when I'll have to go to court. But, my one manager used to work at kohls. But that was also 10 years to go....so yea...but she said that The used to just "scare" teh bejesus out of the person shoplifting. Depending on the amount the stole or if they look like they were the "type" to do this or not. So...I mean..I'm not getting my hopes up, but I mean, since I wasnt arrested, or brought to the Police Station, is it possible for them to be just scaring me??
Please Reply with any answers or informations. Thanks so much.
I'm checking this forum in between midterms. :(
Do speak to a lawyer, there's no reason for you to retain one but just speaking to one will make you feel a lot better. Most lawyers offer free consultations and they wont even take down any of your information over the phone.
Just tell him your story and he'll advise you on what you should do. Go ahead and call as many different lawyers you want to get a broad perspective on the situation. Keep in mind some lawyers will try to scare you into retaining them, but just say you'll talk to your parents and about it and that you'll call them back if you need their service.
I'm hoping that the stores are just trying to scare you since I'm in the same situation. I'll try to call my store up today to speak to their LP and beg her not to file charges; but you really wont know for sure until you've called the store yourself.
Good luck and I'll keep you posted as to how my situation turn out.
Well, I called the LP officers today and it looks like they already sent the paperwork in to the detective office :(
Take my advice, call the LP office asap and find out!
I dont have the number to the LP office. and I go into the store. I'm banned for life from any kohls in the country. And I think...and really hope they are only trying to scare me. If was a total juvinile thign to do, just a spur of the moment kinda thing. I wish I could take it back..I'm so scared...=\...I wish "sorry" and my tears were enough......
Post Back.
Yep, same thing with me. All you have to do is look up the store's number and ask for their LP department. Just act mature and try to plead with them.
Just know that it's not the end of the world if they're going to file charges. Worst case scenario, you go to court and ask for a public defender to help you out. You'll probably end up with deferred sentencing, which is just community service and some fines; or get accepted into the diversion program, which is even better.
After you complete your setence and your charge is dismissed, the whole thing will be put behind you and you wont have a criminal record to speak of. Really, it's not the end of the world.
Ok i emailed one of the attorneys I spoke with on the phone yesterday and felt really comfortable with.
He basically said that if I have trouble receiving contact with the court, like I don't want my parents to find out or anything, I can go ahead and give the court his (lawyer's) address and ask for everything to be sent to him. He'll then call me if anything turns up and, "If I have to contact you while you are at home, I can always say it's regarding an immigration case for your friend at UW if your parents ask". Keep in mind he's promised to go to my arraignment and all this without charge.
Here's his concluding paragraph, which really made me feel a lot better about my situation:
Give me a call whenever you need to talk about your case (anytime before 8pm, even on weekends).I don't charge people for informing them of their rights. Don't worry too much about your case right now, I know its easy for me to say since it is your ass on the line. Remember, you have no prior and most of the time the city attorneys have bigger cases to deal with.?I seriously doubt the city is going to fight tooth and nails for $50.
I think I've really gotten lucky with this guy, but you should definetly talk to a lawyer about what's available to you.
Sweetie, I can guarantee you that they will process the papers.
My child did the same thing, $5.00 item.
Was not arrested, booked, taken to jail or anything. Information taken from LP officer.
Received a civil demand from the store (took weeks), then finally received a court date notice, scheduled 4 months after the incident.
Its a hard lesson learned. Wishing you the best.
Even with the diversion program, the charge will always show up. If you complete the program without getting into any other trouble, it will show no conviction. Then you have to get your stuff expunged (waiting period depends on state)...
Also, do not assume that your parents won't find out. After my child was detained, it is public record. You will be surprised how many criminal defense lawyers will mail you letters offering their services. It is bound to get out.
Your best bet is to be honest with your folks. I am sure they won't be mad just disappointed.
I'm sure Concernedmom is not trying to scare you, but that last thing you want to do now is worry more.
Although the charge will show up for police reports, employeers in the future will not have access through background checks, since there was no conviction. Remember, this is still America, the people are innocent until proven guilty. :)
This is what my lawyer said about the seriousness of my case:
My two cases were all dismissed based via offer compromise. I'll check up on what type of offers they have out in shoreline.?Generally, most city (municipal) courts offer something similar to a Stipulated Order of Continuance, which is like a deferred prosecution.?What this means is that the court will not have you plea to anything (other than not guilty at arraignment) and all you have to do is be a good boy, abide by the law, do some community service or do some courses/treatment (depending on the charge) and when the time is up (usually 18 month inactive probation) they get you in on a review hearing and you go along your merry way without leaving a record.?After that, we seal your record so nothing shows up in the end if you ever decide to take a government job.
Since you're 17 and probably don't have access to enough money to afford a private attorney. You'll have to decide to either to talk to your parents about it, or go with a public defender come your trial date. Personally, if I were in your situation, I'd come clean with the parentals and take whatever punishment they dish out. You're young and everyone makes mistakes, just don't make the same mistake again and don't be too hard on yourself.
You are correct, I am not trying to make her worry more.
I just wanted her to understand.
She stated in her original post that she was told by the police that she is charged as an adult (not a juvenile). 17 is an adult in many states, which apparently is here case.
Therefore, her records will not be sealed, she will have to have them expunged after the waiting period.
My child heard alot of stuff too, which turned out to be untrue.
I was just trying to help. :oops:
Also, I spoke with local police, CJIS and the courts, they informed us that the Charge will always show up, just no conviction if not convicted. Therefore, if a background check is pulled regardless...it will be there until expungement.
I am under the impression that records of the charge is only available to the police backgoundchecks and not for employment purposes?
You're probably right but I'm just making sure.
Well, you both are helping me but scaring me too. I've been talking to my manager at work, and he's going to try to help me out. I'm too afraid to call the store, i mean.....what if they are only trying to scare me..and if i call...then they decided to do something. I live in clinton twp. if that helps with anything. And I would tell my dad, if our home life was different. The only mother figure i had (grandma) (dad's mom) just passed away. They dont need anymore stress. My grandpa will kick me out, and I'll have no place to go. I dont know if u do need somebody to represent you at court or not. But my manager told me, if he needs somebody to pay the court fee's...he will do it for me, until I can get the money. Is there anyway I can get the court papers or whatever MAY come to my house..get mailed someplace else??
Help.
I think every state is different.
In some states, you could expunge a conviction. But on the other hand if it is not a conviction, you can't expunge a charge!
So, Concernedmom is correct. Sometimes, a charge is a charge and it will always be there.
Background check is just a generic term. Normally, it means checking for convictions. If it is not a conviction, nothing will show up.
But if someone, e.g. employer, lawyer, really wants to know your background, they could go to the individual court, and they could pull your court record showing the charge.
It all depends on where the offense took place.
I'm so confused. Okay, is sitting here and just waiting to see what happens a BAD idea? I mean, could it possibly get any worse? My plan was, try to get the mail everyday for however long it takes to get my court date if i recieve one..and go t court, get it over with and behind me. I hate asking for help, but I really do need help. Obviously I'm stupid, since I'm in this mess in the first place...and I dont know what to do.
help. (again..)
talk to a lawyer and see if you can all the court to send everything to the lawyer instead of you. If you're lucky, like in my case, the lawyer wont even charge you for this service. The lawyer will then notify you when the court date is and you wont receive anything in the mail.
Or if your manager is really set on helping you. Just give his address to the court so they'll mail everything to him.
But how do I go about getting a hold of the court? I dont even know what courthouse they are talking about or anything....I'm so...on edge about everything....this ONE stupid mistake is making my life hell...I want to go kill myself....
help.
depending on which city you're in, just google up "____ city prosecutor" and call their office. The charges might not be filed yet into the system since it could go through the detective system, but go ahead and call them periodically to check up.
Best advice I can give you is stop worrying! You need to put this behind you and move on with your life! I know it's hard now but give it a couple of days and you'll feel a lot better.
Hope I helped you.
I'm addicted to checking this forum.. lol
If I look up a proscuter..what should I say? I feel like you're holding my hand through this process.. lol..and yea I'm addicted to checking this forum too. I'm one dumb 17 yr old girl. I swear...I really never thought I'd ever get into legal trouble..I cant stop worrying...I'm going INSANEEEE!!!! =(
ok just call in and say something like "I might have had charges filed against me but I've recently moved so I'd like to change my address." That should work.
I am not saying I am right Sweetheart but they told us that the actual charge will be shown if a background check is done.Quote:
Quoting shingbei
Also, Yes it also will be on the police background too (brother in law is a policeman).
However...some employers are satisfied to know that there is *no conviction* (small independent business etc.) and may hire someone with a *charge only,no conviction*
If an application asks if you have had an conviction, you can say no.
(if you haven't been because of diversion or whatever options available through your state)
If it asks if you have been arrested, you would have to say yes, then state whatever the outcome is. It is best to just be honest to avoid conflict , expense to employer to be for bg checks etc..
Chances of getting into retail may be tough as they will see the petty theft.
The majority of businesses will go to the extent of a fullblown check especially if it is government agencies, banking facilities police, fire, nurse, doctor etc.
If you are wanting to validate the info, contact your court clerk, they will assist you. :)
Trust me, I know what you young ones are going through.
You are right, everyone makes mistakes. Hopefully, a lesson has been learned.
Its been a tough few months for us as well.
Hang it there!
but from the looks of it, she was detained by store employees and the police were not actually involved? Would that still be considered an arrest for job applications?
Dumdum, stop worrying.
Trust me, this will all work out.
Call the courthouse, talk to the clerk. You can explain to her/him what happened, give dates etc. to see if it is filed.
If they have no record they will tell you.
Once the prosecutor is done with it, it is then forwarded to them.
That is when the Court Clerk will assign your case to the Court Docket. It takes months sometimes because of activity in the System.
I am not certain they will forward the mail, it was our understanding it is to be received to the address submitted to the arresting (charging) Officer. They send the Court Order to that address because that is the *legal residence of the criminal.
That sounds so harsh but we were told many claim they *didn't get the Order* etc....if it is mailed elsewhere.
This only creates more problems, like a bench warrant for failure to appear.
I am so sorry dear one that you are afraid of being evicted from your home if this is found out. Family is family...as I stated before, they will be disappointed. I have to admit I was mad when my child told me of the incident,but disappointment was really the factor.
Sweetie, here is her original post...:Quote:
Quoting shingbei
I skipped school yesterday, and i was caught shoplifting at Kohl's. I've been going through alot, and it seemed like it would help me..de-stress. It was a stupid choice, and I do take full responisbility. They brought me into an"employees only" room, where all the servalance cameras were being watched. They asked me some questions, and took my picture, and a copy of my lisence. The cop read me my rights, and told me that I'll get something in the mail from the courthouse, telling me when I have to appear in court. And I asked "well, who do I have to bring with me" and hes like..."since you're 17, you are looked upon as an adult, and can go by yourself if you want too." I also got told that I'll be banned from any Kohl's In the Country for the rest of my life. I have some questions though...
1)Since they have ALL of my information, such as my telephone number and my address, should I expect a phone call or a house call by the police?
2)About how long does it take to recieve the letter from the courthouse?
3)My dad doesnt know, and I'm hoping I can hide this from my family. I'm not one to do stupid s---* like this, but for some reason i did it..and do you think there is anyway that he wont find out?
4)They said since the amount I was shoplifting was around $140, I could end up paying anywhere from $140-10x the amount I tried stealing....how much do you think I'll end up paying? And, what other punshiments do you think I'll recieve?
If you have the answers to any of my questions and concerns PLEASE help me. I'll be more than grateful. Please...=(...I cant get this weird gut feeling to go away, I'm so paranoid, and I wish I could go back. This only makes things worse, and yes I know it was my decision. But if my dad or family finds out, my life is gone. Literally. I'll be on the streets..please help me.
-DumDum.
~~~~~~~
Adding this: We were told even if you are NOT taken to the jail, fingerprinted etc., it is still considered an arrest if you received a criminal citation.
I agree that it is possible that forwarding the mail could potentially be a problem, but it is possible if that's something you absolutely need.
It's usually done to accomodate people moving or swiching between addresses. I know since I was told by the LP officers and my lawyer to call the prosecutor's office to change the address; since being a college student, I do not have a full-time residence.
Also, if you're really worried, you can always rent out a temporary PO box for a few month just to have the mail forwarded to it.
To Concernedmom:
I have a question about bench warrants. If there is one filled against you say in Washington..would you be arrested if you were pulled over in another state?
Also, this is for my situation. I never received a criminal citation or any contact with the police, the LP officers just filed the charge with the court. So would that be considered an arrest as well?
It may be permissible to have your mail forwarded if it is done through legal representation. :)
As for the bench warrant..
If you are pulled over for a traffic violation etc. in another State, yes...the information will be given to the Police Officer. However, I do not know what the outcome would be then. I know that some states *hold* you, some extradite etc. This is something you would have to research for the State in which you may be residing in.
On the matter about no police involvement....We were advised that even if the Law Enforcement weren't called and it is given to the prosecuter...then YES this is an arrest too, as you are being charged.
I always questioned arrest vs. charges myself and was informed that regardless ...charge=arrest.
If I am incorrect, I hope someone posts. I am still a little befuddled by that myself.
Very interesting topic.
1. You could be arrested, but not charged.
2. If a cop pulls you over for speeding and then gives you a ticket. Is that an arrest? I think most people would say NO. But he does charge you for speeding. So, in my opinion, charge doesn't mean arrest.
I, too, would want to know how the law defines arrest.
moviejim
I think if you are under arrest, the officer has to tell you that you are now under arrest, handcuffs you, and then reads you your rights if he intends to ask you questions.
I was told that in California, the officer has to handcuff you if he arrests you.
Anyone?
Whether or not you are "arrested" is a bit more nebulous - in general terms, the question is whether a reasonable person would feel free to decline the officers' requests or otherwise terminate the encounter (i.e., leave).
However, the police can still temporarily detain people in contexts short of arrest. A "Terry Stop", an investigatory "stop and frisk" where the police temporarily detain somebody on the basis of a reasonable suspicion of criminal activity, is not an "arrest" even though the person is temporarily detained. Typically a traffic stop is not an arrest, although I understand that at least one state regards the period between the time the officer decides to issue the ticket and the time the ticket is issued and the driver is released to be a period of arrest.
So I've been thinking about this thing since it happened. It's all I can think about. And I think this is my plan. I'm going to talk to my manager at work today, and some advice on him. If he think's it's best to give the court or the store his address, I will do so. I am really worried about my father finding out. But if he does, I suppose I'll accept what ever he has to dish out. I dont know if what I did was a cry for help, because it seems like he doesnt care anymore. I've done so many things, and he's never tried to help, never tried to talk to me about it. I've been in sever depression for a long time now, "quoting my consunler" on that one. I'm a really bad cutter, and I'm upset almost 99.9% of the time. I always expect the worst in things, so I dont think this is any different. Maybe it would be best if my dad found the letter before me. Maybe he needs to realize I have some problems. But then again, I dont want everything taken away from me, for one stupid mistake. so please if you have anymore adive I'd appreciate hearing it. Thank You all very much. You've helped me alot.
-DumDum.
My advice..stop cutting, you're going to seriously regret it in 10 years when you end up with a ton of hideous scars on your arm.
In a couple of years, you wont even remember this whole thing, but you'll always have your scars.