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Caught shoplifitng at px, scared to death Shoplifting, Larceny, Robbery, Theft

Discussion in 'Criminal Charges' started by Armywife88, May 23, 2018.

  1. Armywife88

    Armywife88 Law Topic Starter New Member

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    Jurisdiction:
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    Hi everyone! My husband is in the army and I am currently pregnant due late December! Stressed to the max! Ty for taking the time to read this and give any input you can please! I went to the base exchange, also known as the px, I was told at an elective ultrasound *one where you pay for fun to see baby* they couldn’t see the hb that day. I’m high risk so go get lots of paid ultrasounds, because I worry so much after 3 losses! I went to the px to get my daughters glasses fixed, I went inside the mall part, I grabbed a soda, threw up in one of the aisles just sick to my stomach, and put the soda in my purse along with the keys to my car and phone, I grabbed a bag of chips, ate them while I walked around, went towards the baby section, was upset, took my phone out of my purse dropped it, and threw bag of chips on the ground after I picked my phone up, I walked out still having the soda in my purse. To make a long story short, the loss prevention lady stopped me, told me I was going to federal prison, was unpleasant, I was crying,she called the MPs, I was handcuffed, they took my I’d and gave me a ticket in lieu of arrest, and I went home crying.

    I did go to my personal dr the next day and found out my baby is fine! Praise god!!! I have to pay aafes a fee, and also, can’t go to px for 6 months. I’m scared of going to federal court! I had to go to see the hearing officer on post about my on base privileges, they pulled my record, I have a criminal trespass *dont even remember that*, prior shoplifting from 8 years ago, and a domestic violence conviction from a couple of years ago due to a fight with my ex husband. I’m scared they are going to find me a violent offender and with a prior shoplifting send me to jail pregnant or when I’m due to deliver! I haven’t been able to sleep or anything! I know it’s a misdemeanor! I also know federal court uses your past record against you when it comes to sentencing! We paid 2000 for an attorney already, but he wasn’t able to explain much....I just get this over with, but it seems federal court goes slow! My husband is very sweet and tells me not to worry! I’m so scared of jail! Ty for taking the time to read this

    Ps the prior shoplifting was the same day as my husband who was in the navy passed away, and I gave that info to my attorney ty
     
  2. zddoodah

    zddoodah Well-Known Member

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    Do you have a question?
     
  3. Armywife88

    Armywife88 Law Topic Starter New Member

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    Yes I’m sorry, was at my child’s therapy, and was in a hurry writing this it must have deleted the last part ...am I looking at jail time!? Will they use a ten year old shoplifting charge against me!? Will a misdemeanor domestic violence charge make me look like a violent offender!? I was reading how they label people violent offenders Ty again, we have a high risk pregnancy so I just want the stress gone
     
  4. army judge

    army judge Super Moderator

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    The only thing that any prior conviction od misdeed will do is increase whatever penalty the magistrate will dole out.

    I suspect the CG will ban you from the base.
    Usually such a ban will run for two years.
    Of course, I am not the CG, or the Flag Officer, that commands the base where all this went down.
    YMMV

    If you're allowed to receive probation and keep your base, PX, Commissary, and medical privileges; it'll be for the benefit of your unborn child.

    I suggest you seek counseling while this case is pending, in an effort to show the judge that THIS time you're taking all of this seriously.
     
  5. army judge

    army judge Super Moderator

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    You, nor is anyone else, are not being labeled anything.

    Your past misdeeds (done under your hand) is the proximate cause for all of your troubles.

    Had you not offended in the past, the only thing affecting you today would be a simple theft charge.

    Yes, dependents do get banned from military installations, and they do lose privileges.

    I've banned high school students when a parent was stationed overseas, because the kid didn't know what NO meant.
     
    leslie82 likes this.
  6. Armywife88

    Armywife88 Law Topic Starter New Member

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    Ty for the response! I am allowed on post for medical and preapproved mwr events for kids, I am very embarrassed! My husbands command found out; and they are nice to him about it, and my husband is very loving and keeps telling me not to stress. The loss prevention lady told me I’ll go to federal prison for this! I know what happened was wrong and I take full responsibility for it, I’m just scared to death of being in jail pregnant or delivering my baby in jail, yes I do have a record, but it’s not an elaborate one, i just want this behind me, and to learn from it and grow from it
     
  7. mightymoose

    mightymoose Well-Known Member

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    You won't go to jail, but the consequences of this behavior can still be very troublesome for you for years to come.
    Do yourself a favor and don't try to justify your behavior with the reasoning you gave here. It just doesn't work.
    Simply accept responsibility and move on.
     
    zddoodah likes this.
  8. army judge

    army judge Super Moderator

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    I doubt that you'll end up in prison for stealing a bottle of soda.

    However, I am not the magistrate.

    The fact that the magistrate is presiding over your case tells me this is being treated as minor offense.

    The Feds normally don't send someone to prison for minor stuff, because they don't have jails, just prisons.

    It is best you keep your head down, walk the straight and narrow, prepare to pay the massive fine, and the community service most people are offered.

    You'll probably get about 100-200 hours of community service, but as an expectant mom that might be suspended, or you'll be required to volunteer at an on post child care center.

    If you're a new born mom when sentencing occurs, you might get a pass altogether except for the fine.

    If this happens again, on or off post, you will probably get tougher treatment, pregnant or new mom aside.
     
    leslie82 likes this.
  9. Armywife88

    Armywife88 Law Topic Starter New Member

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    Ty everyone! I’m def going to be looking for some sort of counseling! We are prepared to pay any type of fine! How long does this process take!? It’s been 3 weeks and haven’t gotten the court date yet, we are moving in December to Texas, so I’m hoping it’s over with by then, ty everyone
     
  10. army judge

    army judge Super Moderator

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    Federal courts are notoriously slow.

    Misdemeanors or offense citations can take 6 to 8 months to be resolved.

    Before you relocate, I suggest you inform your pretrial services agent, if you have been assigned one.

    If not, once you receive your formal court date, speak to the AUSA (prosecutor, probably a military JAG acting as the AUSA) to see if you can make a plea deal; assuming you wish to do so, and not go to trial.
     
  11. Armywife88

    Armywife88 Law Topic Starter New Member

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    I can’t deny what I did! I did it! So I’d rather not go to trial! Save myself from further embarrassment! Ty again for your answers! How high are the fines!?
     
  12. mightymoose

    mightymoose Well-Known Member

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    I agree.... DO NOT move to Texas before this is resolved. That will complicate things for you.
    There is no reason you can't get it taken care of before then.
     
  13. Armywife88

    Armywife88 Law Topic Starter New Member

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    The problem is he’s pcsing so we have to move then, that’s why I hope it’s resolved before December....ty all for the helpful advice, my stress level is down a lot!
     
  14. army judge

    army judge Super Moderator

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    If you do leave the state, without notifying the court, it might make things worse.

    Even if you leave, you'll have to return to take care of your case.

    Read your citation carefully.

    Some of those citations are treated as infractions, and you are allowed to mail your plea in with the fine.

    Call the court clerk and ask.
     
  15. Armywife88

    Armywife88 Law Topic Starter New Member

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    The citation is labeled as 18 641 with a mandatory court appearance, I did call the jag office this afternoon about a court date, the lady said she hasn’t gotten my file yet, who schedules, and says she’s on leave for 2 weeks starting Friday, but it should be sometime in June, the initial one, I thought it had to be within 30 days of original citation...if I have to stay longer, our original apartment lease ends June of next year and I can always stay if needed. I certainly don’t wish to travel back and forth with a new baby if this takes that long to settle! I just kinda think it’s ridiculous it takes so long to find out when a court date is...I told her I wanted to make sure it wasn’t scheduled on a day I have a drs visit, because some of those are hard to reschedule if not done in a timely manner. I did tell her we were moving as well, and she stated it should all be done way before December, but at the rate it’s going, it sure doesn’t seem that way! Ty again
     
  16. army judge

    army judge Super Moderator

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    If this was at an AAFES location, someone may have charged you incorrectly.

    18 U.S. Code § 641 - Public money, property or records

    That's the law with which you've been charged, except AAFES isn't a government entity, so how could you be charged with theft of government property?

    You can visit with a couple lawyers acquainted with federal criminal cases and see what you can learn.

    The initial visit is often given free of charge.

    It's a good way to learn how the court operates in your vicinity.
     
  17. Disabled Vet

    Disabled Vet Active Member

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    You should lose your right to come on base. You're a embarrassment to your husband. You have a excuse for stealing. You are nothing but a thief and there is NEVER a reason to steal.
     
  18. Armywife88

    Armywife88 Law Topic Starter New Member

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    Disabled vet, I’m sure you’ve never done anything you haven’t regretted in life! I’m not a perfect person and made a mistake! It was a soda! Makes it no better! I didn’t take a DVD player, tuck it in my purse with a Rolex and walk out! My husband doesn’t see me as an embarrassment! He sees me as his wife, who made a stupid mistake, and will learn from it! I have a wonderful husband! You have your right to your opinion!
     
  19. Armywife88

    Armywife88 Law Topic Starter New Member

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    Army judge they said it’s *theft of government property* because it’s on a federal installation. I did read up on the code before, and it didn’t match up, I guess it’s the closest thing they can charge it with. I think they will follow the state statue on the charge, not sure though. They told me they charged an 80 year old vet with taking a candy bar before under the same statue
     
  20. mightymoose

    mightymoose Well-Known Member

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    The same person also told you that you could go to prison for this. That is a pretty good indicator that you shouldn't pay any attention at all to what that person said.

    The offense will likely be modified to something more appropriate later.
     

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