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  1. #1

    Default Arrested for Shoplifting - Three Counts

    My question involves criminal law for the state of: Wisconsin
    First off, I am 19 years old. I am from Wisconsin and I go to college in a different city than where I am from. I am transferring to a different school next semester in an entirely different city.
    On Saturday, I was arrested for shoplifting. I was given a paper from the store banning me for a year and paid them a $250 civil restitution charge. I signed another form from the mall, banning me for three years. I had items from two other stores, however all the items together were less than $100 in value. Both the other stores plan to press charges. I was required to give a statement to the police.
    I have no prior record at all, not even a speeding ticket. I've been doing my research, and I know I should not plead guilty, especially to three counts of retail theft. However, if I already gave a statement, does that screw me over?
    I plan on calling a lawyer in order to talk over my options. I know everyone says this, but I am a good kid, I am in good academic standing and everything. I am very involved in my school life right now, and I have never in my life done something like this. I cannot afford to hire an attorney, so a Public Defender will have to do. I do not want to drag this out to be much longer than it needs to be, though, so I can start over fresh at my new school.
    Also, can they force me to stay in the county that I am in for school because of this?
    One more thing--I know it won't hold up in court, but I have just started taking medication for depression, as diagnosed by a campus psychiatrist.
    I am supposed to go to the police department an hour before my court to be fingerprinted and get my mugshots taken. Why didn't they do this right away?

  2. #2
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    Default Re: Arrested-Three Counts

    However, if I already gave a statement, does that screw me over?
    Not necessarily. You plead Not Guilty anyway, ask for a PD, then do what s/he tells you to do.

    Also, can they force me to stay in the county that I am in for school because of this?
    Possibly, depending on your final outcome. Probation is often transferable. Again, do as the attorney tells you to do, and s/he will help you get that worked out.
    One more thing--I know it won't hold up in court, but I have just started taking medication for depression, as diagnosed by a campus psychiatrist.
    Not to sound unsympathetic, but, so? It's irrelevant - to us and to the court. Don't even think about bringing it up in court, the judge doesn't care.

    I am supposed to go to the police department an hour before my court to be fingerprinted and get my mugshots taken. Why didn't they do this right away?
    Because you weren't being thrown in jail. They don't have to do it on any timetable but their own.

  3. #3
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    Default Re: Arrested-Three Counts

    Probation officers are usually pretty concerned with keeping probationers in school and employed, so if we're simply talking about a different city or county in the same state I doubt that there will be an issue.

  4. #4

    Default Re: Arrested-Three Counts

    I heard that because there are 3 counts of retail theft, it can technically be changed to a Felony. I've already been charged, though, so is that true?

  5. #5
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    Default Re: Arrested-Three Counts

    Who told you that?

    They were incorrect.

  6. #6

    Default Re: Arrested-Three Counts

    The Admin of another forum told me that.
    I'm glad that they were incorrect, though. I figured s/he was, because I've already been charged, so I doubted they could magically transform those charges to a felony.

    Do you know if I can ask for my case to be transferred to another county? I am just wondering.

  7. #7
    Join Date
    Apr 2006
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    Default Re: Arrested-Three Counts

    Well the prosecutor can direct indict you in front a a judge on felony counts. I have seen this happen where the police originally charge the person with something, but as more evidence comes out, the prosecutor sends them before the grand jury and indicts them on the more serious offense. After dropping the original charges.

    Ehhhh...who really cares. You shoplifted and got caught, so get a lawyer and you will be fine.

  8. #8

    Default Re: Arrested-Three Counts

    Quote Quoting LawResearcherMissy
    View Post
    Quote:
    One more thing--I know it won't hold up in court, but I have just started taking medication for depression, as diagnosed by a campus psychiatrist.

    Not to sound unsympathetic, but, so? It's irrelevant - to us and to the court. Don't even think about bringing it up in court, the judge doesn't care.

    This is not necessarily true. A county in my state has a mental health court with a program specifically designed for first time theft offenders who suffer from depression or other Axis disorders. Many of the offenders accepted into the program are shoplifters suffering from depression. Please ask your lawyer to look into this. Your county may have something like this.

    Yes, a lot of judges don't give a s@#* about your mental health, but there are some that do. Exaust all your options. If you have a mental health issue it does need to be addressed.

  9. #9
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    Default Re: Arrested-Three Counts

    Quote Quoting happiness_to_zero
    View Post
    I heard that because there are 3 counts of retail theft, it can technically be changed to a Felony. I've already been charged, though, so is that true?

    What were the statute #'s you were charged with??

    I sifted through the law, there does not seem to be any enhancement classification.

    Quote Quoting iceblink
    View Post
    This is not necessarily true. A county in my state has a mental health court with a program specifically designed for first time theft offenders who suffer from depression or other Axis disorders. Many of the offenders accepted into the program are shoplifters suffering from depression. Please ask your lawyer to look into this. Your county may have something like this.

    Yes, a lot of judges don't give a s@#* about your mental health, but there are some that do. Exaust all your options. If you have a mental health issue it does need to be addressed.

    Yes, state of mind "could possibly" DIMINISH culpability.

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