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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Felony Shoplifting at Walmart and Warrant for Failure to Appear on a DWI

    My question involves criminal law for the state of: Washington

    My brother was arrested on Friday the 28th while shoplifting at Walmart. I have not been able to speak with him while he is in jail, so I don't know what he stole - but according to the jail website - he is being charged with RCW 9A.56.360
    Retail theft with extenuating circumstances, which is a class C felony. He is also being charged with a Failure to Appear on a previous DWI case he had. My parents and I are feeling completely lost because we have no clue what is going on or what is going to happen. He is being held on $10,000 bail and my parents will not bail him out because he is addicted to prescription drugs, lost his job earlier this year due to it and has gotten him self into this situation. I should also point out he is 31 years old - so a little too old for parents to help.

    My questions are: how likely is it that he will get sentenced to more jail time / prison? His jury trial is set for March 23rd, should we assume he will be in jail until then as long as no one bails him out? What sort of punishment is he facing with a felony shoplifting compounded with a failure to appear charge? Also, how much merchandise does someone have to steal for it to be considered a felony versus a misdemeanor?

    Because of his drug addiction and low moral standards - everyone seems to say that jail will be the best thing for him. Any thoughts on that? He's my older brother and I am worried sick about him in jail.

    Thank you

  2. #2
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Felony Shoplifting at Walmart and Warrant for Failure to Appear on a DWI

    I am an attorney licensed to practice in Washington state. Do not take this as creating an attorney-client relationship. Here is my opinion.

    It is difficult to predict the sentence without more detail about the crimes than you have available to you. Assuming that he is guilty of the first driving under the influence charge, he will certainly be given a sentence for that and, assuming guilt on the shoplifting charge, an additional charge for that. The failure to appear may or may not result in extra punishment. It depends in part on whether he just never showed up for his first court appearance on the driving under the influence charge or, after appearing in court, violated a court order which released him. If he violated a court order regarding his release, that will likely be charged as a separate crime which will carry yet another sentence. However, if he was only ticketed and released on the driving under the influence charge, they may not charge him with a new crime. At a guess only, I think he is looking at jail time in terms of months, not years. He will probably get credit for time already served.

    Yes, you should assume he will remain in jail until his trial if no one bails him out.

    It would be foolish for anyone to post bail for him. He is a very high flight risk. Anyone who posts bail should assume that she or he will probably lose their money, up to the amount of the bail amount.

    In the long term, jail (or prison) would be a very bad place for your brother. Generally, prisons and county jails do not rehabilitate people. It often hardens them by exposure to other criminals. Also, many people in prison (and even in a county jail) are sexually and otherwise physically assaulted by other prisoners. With someone who already has mental health problems, this adds to their affliction. As a general rule, prisons are much worse on people than jails, although a lot of bad things happen in county jails as well.

    As to the shoplifting crime, since he was charged with a Class C felony under RCW 9A.76.170 he probably either tried to exit by an emergency exit or was caught with a device for removing security tags or concealing merchandise, such as a foil lined “booster bag”. If he had been caught 3 times or more by the same merchant within 180 days, that would also justify the charge. The amount of the theft is not really relevant when extenuating circumstances are involved. Anything between one cent and $750 can justify the charge if one or more of the extenuating circumstances listed above is present. If the amount was over $750 it would have been charged as a felony.

    What your brother really needs is an attorney. If he cannot afford one then he should tell the court that and asked that a public defender be appointed for him. That is not free either. There is usually a payback obligation, but that is the least of his worries. If he has to enter a plea, he should plead “not guilty”. A local lawyer with expertise in criminal law and who knows the prosecutor may be able to negotiate something that will lessen the impact on your brother’s life.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Felony Shoplifting at Walmart and Warrant for Failure to Appear on a DWI

    semblance - thank you very much for your reply.

    I do not know what he was stealing, how he left the store, or if he used a device. I haven't been able to speak with him yet. All the information I have is from the Pierce County Jail website and his flighty girlfriend. So I am not sure how much of what I know is true.

    He was fired from his job in October, so he has no way of paying for an attorney - and certainly, none of us will pay for an attorney for him - given his track record. Will he not be able to get a court appointed attorney with no job?

    As for his DWI, I don't know all of the details either, because I have one side of the story and I don't know how true it is. His girlfriend told me that it was for unpaid fines on the DWI charge - would that appear as "failure to appear"? She says he went to all his court appearances for the DWI, and is hoping this will get dropped.

    For the longest time, we were all hoping he would get arrested, so it would be the end of his drug abuse. But thought of my brother being sexually or physically assaulted in jail, makes my stomach churn. When you say he may be looking at a few months, would that be in jail or in prison?

    Are inmates awaiting trial allowed visitors? I want to drive up to see him (I live in PDX) but don't want to do so if I will be turned away upon arrival at the jail.

    Thank you SO much for all the information.

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