Shoplifting at Wal-Mart

My question involves criminal law for the state of: Tennessee.

I was hoping maybe someone could help answer a few questions for me?? Thanks.

Im 25 and live in TN. Im pregnant (due in 10 weeks) and had my 3 children with me.

I returned something to Wal-Mart today and decided to get a few things that I needed and a few things I needed for a baby shower but my 4 year old was acting up (long story) and was sitting it the basket part and throwing stuff and getting into it . I had most of the things sitting on my son's blanket and just threw it in my bag so she would stop and then forgot about it. I would have paid for it and had the money and was soooooo embarrassed I couldn't speak. A lady came and told me she works there for the store loss dept and to come with her.

She took the stuff out of the diaper bag and I told her I would pay but she never answered and had 2 police men come down. They gave me a paper to sign that I later read and said I pled guilty (which I don't but I also dont want to go though all that of getting a lawyer...).... It said it was a misdemeanor and that I have so many days to "turn myself in". The police man said I have to go to the police dept and their going to cuff me and take my finger prints and picture and set a court date.

What now though? What can happen? I have a clean record and have never done anything in my life. How much would fines be? Could I go to jail? How long does court last?

I was told im banned from Wal-Mart... Does this mean I can never go to a Wal-Mart again in my life? Any of them? How would they know?

The total was $102.82 I believe?

Expect a Civil Demand in the mail. This is separate from the Criminal Charge and fines.

You should get a Criminal Defense Lawyer.
If you can't afford one, go to your court date, plead "Not Guilty" and ask for a Public Defender.

Court is atleast 5 sessions, unless you have a lawyer, than it can usually be done in one.

As for the Wal-Mart ban, yes, that includes ALL Wal-Marts, everywhere. Add Sam's Club to it. If you do enter one and are recognized, you can be arrested for Criminal Trespass.

How will they know? Your photo is in the database that every store can access. You may go to a nearby Walmart and find that the same LP person also works there....so no matter where you live or travel to, stay out of Wal-Mart.

About store bans. A store ban is only enforceable if it is put in writing. If in writing you can refuse to sign it but your signature is not required to be enforceable. You said they "told" you were banned, I suggest they cannot hold you to it. In some jurisdictions a ban is only in effect if a police officer tells you that you are banned from the store - this is in response to store management or LP requesting so. In some areas the ban has to be made part of the court order. It's different all over and just because you may be banned from a certain store name does not mean you are banned from other chains the parent company has.

anyone else? anyone know how long court time would last?

If you plead guilty or no contest it will be taken care of right then and there. If you plead not guilty and request trial a later date will be set for your return. If you plead not guilty and request a public defender (if you qualify) your case may be continued until such time you confer with an attorney. All courts are different, but I really don't see where "5 sessions" comes into play.

I came up with the five sessions based on:

1. Arraignment on the information
2 pretrial,
3 trial
4 plea/trial
5 sentencing.

You didn't have to return to court on 5 separate occasions. You accomplished this all in one day. Besides, the route you took is somewhat unusual as you plead down to a disorderly charge. You are lucky as not all judges/courts will allow that.

Very true, and I had a lawyer.

But it does say, in our locality, to expect atleast 5 trips to court for the 5 different things to happen.

does anything know how much the fees will be?

also would it be a better idea to get a public defender or lawyer and say no guilty or just say guilty and let it all go?

ALSO... sorry.... im due to have a c-section on June-28 and im sure thats around the time my court date will be set so how would I go about changing it? After that i'll have a newborn baby who will be nursing and need me.

ALSO if i plead not guilty and have a lawyer how many times would i have to go to court? are the tapes of my shopping sent to court?

Fees differ from county and state to state - you need to contact the court directly. Talk with the Clerk of Court. As I posted before, if you plead guilty it's taken care of at the time. If you plead not guilty your case will be scheduled or continued for a hearing. Public Defender, again contact the court they will know. If you plead not guilty no one here knows how many times you will have to appear in court. Pandorasbox response regarding "5 sessions" has absolutely nothing to do with your case. Again, circumstances depend from county to county, state to state. All courts are different.

The "tapes" will only be introduced in court if you plea not guilty and request a hearing. They can be introduced as evidence. If your baby is due around the time of your hearing - keep the court informed of what is going on. They may require a call or letter from you doctor to delay your appearance.

I just finished going to court last week, so I will let you know everything I had to do. (keep in mind that everything varies in each state/county/court)

First time I went to court: When they called my name I asked for a court appointed lawyer (this is what the court I went to said to say if you wanted one). They assigned me one and was given another court date.
....I talked to my lawyer...
Second time I went to court: My charges were misdemeanor larceny and possess stolen goods/property. My lawyer got my charges reduced to shoplifting. My punishment was: 15 days in jail with 24 months suspended, not to go back to walmart during this suspension, $50 fine, court costs, and 24 hours community service that I have to finish in 30 days...I also had my lawyer ask the judge if I could have time to pay (but i HAD to pay my court costs and fees that day) and he granted it, and they divided up into 2 parts (one part court costs and fine, second part everything else, which is what I need time to pay for) and I have 30 days to pay.
doesn't seem too bad...but here are the costs:

Court fee: $125
Fine: $50
Attorney fee: $97.50
Attorney application fee: $20
Community service fee: $225
Application fee (for time to pay): $20

Now all of this would be more if I didn't have a lawyer.

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Quoting precious31509

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My punishment was: 15 days in jail with 24 months suspended, not to go back to walmart during this suspension

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The judge may tell you that you have a limited period you are unable to enter the store but most retailers bar you for life, so you can still be charged with trespass if you go back after the judge says you are allowed.

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Quoting Khaman

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The judge may tell you that you have a limited period you are unable to enter the store but most retailers bar you for life, so you can still be charged with trespass if you go back after the judge says you are allowed.

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Yes I know, I was just stating exactly what the judge told me

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Quoting precious31509

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Yes I know, I was just stating exactly what the judge told me

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I have just heard this excuse from several people thinking that the judge's word trumps a written ban.

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Quoting Khaman

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I have just heard this excuse from several people thinking that the judge's word trumps a written ban.

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I know what you mean..I'm not stupid enough to go back lol..even 50 years from now I wouldn't want to go back

It's it normal for people to go to jail for this sort of thing?

It depends on the state laws. In my store all shoplifters excluding minors are arrested and taken to jail. There is a bill floating around in KY to cut down on the jail population that allows us to arrest them on paper. They are let go and told to show up at the court date and if needed they get mug shots and fingerprinted later.