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  1. #1
    Join Date
    Jul 2010
    Posts
    10

    Default Caught Stealing Fishing Tackle

    Had a friend that pocketed 2 bobbers and 9 to 10 sinkers and paid for the other two bobbers....(unfortunately he was not the only one, I was detained as well, unfortunately i made that mistake too as he wanted to look for some bobbers and other isle told him I found the sinkers, i wasn't too sure what kind he needed...i pointed it out "are those the ones" he said yes, he told me to just take two different sizes of few led sinkers and he grab 'em 9 of them and i had 6 led sinkers size of no larger than a pellet bb and my ignorance took toll as well bcuz did'nt realize we were being watched, unfortunately again...June 2nd arraignment day, to plea guilty or not or have a public def. <<<which I should of, or negotiate wit pros. which I did negotiated, cuz to prolong I hear that it/you'll get a heavier consequences so I negotiated...what was given to me was a misdemeanor drop to petty misd. after 1 year, fine and theft class) he was stop outside the building from mentioned he had sinkers & stealing 2 more bobbers unpaid which he took from the candy stand that was sitting there at the cash register which I wasn't even awared he did that as well and detained, finger printed and pictures...until Police officer showed up and cited (both) for theft and have to call for court date back of the citation. He signed a form of paper that whatever the amouth of cost of the stolen item which was $7.27 which was the hockey puck size container consist of diff size's sinkers in 6 section for 4.27 cents and bobbers around 2 dollars and paid for the other two on counter. 2 weeks later he was sent a letter from Fleet Farm/Palmer, Reifler that he has to pay the 50$'s as he sent the payment nxt day and 3 weeks later he was sent another letter of "Civil Penalty Release" and on the letter saying basically thanking/consideration of the 50$ payment, that not too sure that it ends there?...from what i've been seeing other forums here say's that if you signed that form/paying that restitution that your are guilty? Some say's that would be the end w/o further action from them w/o pursuing criminal charges?! But have read that "Civil" and "Criminal charges" are totally different ball game! His court date was postponed 3 weeks ago due to lack of English understanding and appointed new schedule nxt week 21st of July for a license interpreter...!

    July 21st Interpreter was there to translate...they we're in a little room as well to negotiate, he was told that he has to go to a theft class as well (but told he will be fined and be probation a year after that his name will be cleared?) and another schedule for pre-trial on October 13th this year...why was he had to do theft class first and mentioned he will be fined and be on probation and did'nt signed such as I did on that day? Is it because they want him to learned the rational/consequences first then, once ask in court down road if he understands it?.. then he'll pay? Now, will he get a lighter sentence bec. of language barrier?

    bec. during the class i went to, we had a chance to talk about your incident individually and that hear from other two 20's young woman seem to be like college students and their sentence where a 50 dollar restitution from Civil Penalty and the Theft class...not too sure if that what they only got and what would be if it was a misdemeanor or petty? my question is: 1. if it was a dismissal would they still have to go to the theft class or 2. given a lighter sentence is to $50 restitution property damaged and attend the theft class with or w/o conviction?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Theft Over 6 Fishing Sinkers, BB Pellet Size

    You don't get a lighter sentence just because you're not good with the language.

    If a condition of your sentence is to attend a theft class, you would want to do that. If you are sentenced to pay restitution, you would want to do that.

  3. #3
    Join Date
    Jul 2010
    Posts
    10

    Default Theft 1 Over 6 Fishing Sinkers Bb Pellet Size's

    How about Theft 1...1st offense..over 5 to 6 bb bigger size of a bb pellet? tell me is this a deal and unfortunately I was scared, confused and my mind was blank on the arraigment day negotiated with the prosecuter and ask if there was a diverse program he said "no"!!!!and to plead guilty! ....misdemeanor to petty misdemeanor after 1 yr, 100 fine, 85 court charge fee, 60 a four hour rational theft class, 214 a year probation?! and i tried to appeal it..because last thing I heard from the Judge was "this will be in your record for the rest of your life"!....after sentence and did'nt let me appeal?!...I believe you have the right to appeal after you plead guilty within that day in that court room? Hired a lawyer and awaiting the co-defendant on Oct, 1 for his trial...

    i and friend went to a store bef closing at 6 pm on April 18th bcause he wanted to buy 2 bobbers and sinkers...as he was looking for bobbers and me on other isles seeking for sinkers which i found but did'nt realize what kind he needed (am not no fisherman) he pointed out which one (hockey size puck container that has 6 section) basically told me just take some out and give it to me and take some ..which stupid/ignorant me took 5 to 6 of 'em too...on way out he paid 2 bobbers and took 2 more from the candy stand that was laying there...as he walked out the building first he was stopped by security and I was in between the doors of the building...walk him in and ask me to come with! detained, photo/fingerprinted, information and he signed a paper "nexus'lexus report" i believe with a hand written of 7.27 cents of the merchandise.

    He was handed that paper to signed and I believe it was for the damage property...an hour later police arrived and cited for us to set up court date. 3 weeks down road he was sent a letter has to pay 50 dollars, payment sent out nxt day. 2 weeks later sent a letter from the store/law firm "criminal penalty release" saying thnx for 50 payment...he was court ordered with an interpreter back from June 2 (and even plead guilty on that day..i was there myself) to July 21...interpreter and him negotiated with prosecuter as well...he was court ordered to go to the "Class" to attend and come back on Oct 1st with the certificate that he went. I over heard the interpreter that he will get 100 fine and a year probation and "no name on your record" !!!!! wtf ????? I believe they have him do diversity program..I believe his would be continous for dismissal or maybe stay of adjudication! not even a name on his record? and I got the severity of it!!!!!!!

    And that's why I have an attorney awaiting for his trial! ...pls. respond bec. this is going to be a battle and cost!

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