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Shoplifting mess Shoplifting, Larceny, Robbery, Theft

Discussion in 'Criminal Charges' started by Silly me, Jul 27, 2017.

  1. Silly me

    Silly me Law Topic Starter New Member

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    Jurisdiction:
    Texas
    So I have created a mess in my life and need help..
    I am so scared and so sick that my heart comes to my mouth and I feel like disappearing my self..I am feeling to suffer from low self esteem any way as m dealing with postpartum emotional stress as well..
    So I went to Kohls this weekend, surfed the store and then picked up some dresses for myself and walked out of the store without paying for them..I wasn't thinking at all and m so ashamed that if I get a chance to undo it I will do everything in my power to do that.
    So as soon as I stepped out of the store the LP waited for me and asked me to follow her inside and return everything that didn't belong to me..they said they will help if I cooperated.
    I did as they said, they took my I'd and my picture..gave me a paper to read whichh said a Letter would come to my house and then I have to pay something towards the LP cost failing to which they will take a legal action against me.
    I was trying to convince them to listen to me but they were buying time to call police on me saying they have to do a lot of paper work about the case and their systems are slow..

    Then police came, handcuffed me and took me to jail.they did those required things there and then I was allowed to call my husband, he called an attorney and bailed me out and went to my crying kids..I am so ashamed of putting my little kids through this..i was crying as my baby was hungry and needed breast feed..
    I was charged with misdemeanor B, clothes worth more than 100 dollars, I wasn't told exact amount.. I am on h4 visa..its my first offence and I have a clean record otherwise.
    My questions
    . Do I still need to pay Kohls for whatever they ask as LP cost since they have taken legal action against me and called police.I haven't received any letter from them yet.
    .Is there a way that it doesn't go to court from here and settled outside.
    .can my attorney have this case dismissed or convince Kohls to drop it..or convince judge to have mercy as its my first offence and I have a little baby whom I breast feed..
    I am very scared.
    .is there a way I can attend any counselling in this regard so that judge can see I want to correct and is working towards it and he shows some pity on me for my kids sake
    .what are my options at this stage that it doesn't go on my record..
    Pls help..
    I am terribly sorry and is no way gonna think about it ever..I have learnt my lesson very hard way..

    Thanks in anticipation..
     
    Last edited: Jul 27, 2017
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    The letter is Civil demand below is info on civil demand

    Civil Recovery
     
  3. mightymoose

    mightymoose Well-Known Member

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    You already have legal counsel. You should direct your questions to your attorney.

    You won't likely have the case dismissed, but with your attorney's help you can have it minimized, possibly so that you do not even have a criminal record when it is all over.

    The demand letter from the store may take awhile to arrive. I suggest you ask your attorney whether or not to pay it. I will tell you that it is optional. The amount the store demands is not a fine and not something you have a legal obligation to pay.

    Since to have already been arrested and must appear in court there are very good reasons for why you should not pay the demand.

    Speak with your attorney about all of this.
     
  4. army judge

    army judge Super Moderator

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    If you did believe you were developing or had developed a mental health issue, did you consider seeking help, as in help from a physician, or mental health professional?

    Do you steal regularly?

    Are you feeling mentally troubled today?

    See a mental health practitioner (psychiatrist or psychologist) ASAP.

    Plus, expect to be visited by someone from Homeland Security:

    I found this helpful answer from an immigration lawyer on JustAnswer.com
     
  5. Silly me

    Silly me Law Topic Starter New Member

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    Thanks Mighty Moose..
    I appreciate your time and advise..
     
  6. Silly me

    Silly me Law Topic Starter New Member

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    Dear Army Judge,

    Thanks for writing.
    I was already speaking to my husband about my emotional and behavioural issues and he asked me that he will get me help as there were instances where I got hyper over little things and my reaction over small things was too outrageous, I cry too easily over little things..sometimes m too excited and sometimes I am too sad and then I have guilt for my actions and behavior and I regret my decisions later..
    I know it was a hugely bad decision..and I know m not a bad person..but not it has happened and I have to deal with it..
    No, I don't steal That's Why May be I am feeling too terrible..
    Why a visit from homeland security??and how do I deal with him..

    I spoke to my attorney today and he didn't mention of any of this..
    What is the worst that can happen to me in your opinion..
     
  7. Silly me

    Silly me Law Topic Starter New Member

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    Dear mighty Moose,
    Thanks, I will direct these questions to my attorney..

    By saying that with the help of my attorney I can have it minimized, minimized in what terms, what kind of minimized order from judge can I expect here..pls enlighten as per your experience..

    Is there any way that it can be minimized to an extent that it doesn't go on my record at all..or u mean to say that since police and court is involved, it will go on my record and would have to be expunged later.

    Noted your advise on the civil demand letter, my attorney advised me the same.

    Are there any chances that judges are sometime so kind and feel the remorse the guilty person has and see the intentions of deeply wanting to right the wrong and do not punish and give another chance..
    If yes, what should I do about this..

    I am so petrified, I hardly sleep and have no appetite since the incident..I k ow m guilty here but m not a bad person..

    Pls help.
     
  8. Silly me

    Silly me Law Topic Starter New Member

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    Dear shrink master,

    What do you advise me to do till the time I get anything from the courts..
    In terms of improving my case for the better outcomes from the judge..

    I really am not a thief, it's a terrible feeling..I am so scared now that I don't go to stores at all..and my husband encourages me to go face the world,life happens sometimes and you have got the lesson of your life..
    But I think it will take me time to get back to normal self as I see those flashes of that incident and get terrified and play so many scenarios in my mind and wish just Wish it hadn't happened..
    I have caused my husband a lot of trouble and my kids, I scare to death with the thought that what if I go to jail..

    Pls help..
     
  9. army judge

    army judge Super Moderator

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    You won't go to jail or prison over this.

    Yes, its serious, but it isn't child abuse, murder, or rape.

    The worst that could happen is you'll get three or four months of probation, you'll report to a probation officer (probably monthly, maybe by telephone), be ordered to pay fines (no idea how much, but it won't exceed $1,000), be ordered to pay court costs (maybe a couple hundred bucks), be ordered to take a couple classes on honesty, you might be required to do 40-80 hours of community service (hard to say what it'll be, just wait, if childcare is an issue - you have a new baby, it could be waived), stay out of other trouble, this will end well.

    You must be patient and remain calm.

    If you misbehave, act up, or break the law again; the outcome will be harsher.

    I suggest you see a psychologist and a mental health counselor NOW, to show the court you're working to become a better person.
     
  10. Silly me

    Silly me Law Topic Starter New Member

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    Thanks so much sir for your insights.I do really appreciate..
    Pls can u tell me if all of the the above you mentioned as possible punishments will be ordered to me or a couple of them..
    I also have some questions above on this incident going on my record if you could answer that.
    Will it most certainly go on my record and need to be expunged later or there are chances where this doesn't go on my record..

    I really want to be a better person and if for that I need some treatment in terms of counselling or medicines, I am willing to do that..as I do really wanna be a good wife and a good mom.

    Thanks again
     
  11. mightymoose

    mightymoose Well-Known Member

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    You just need to be patient. All of these concerns should be directed toward your attorney. This is the pettiest of petty crimes. Petty theft is boring for law enforcement, prosecutors, judges, and everyone else involved. They will seek to make quick work of your case and it may never even go to court. Your attorney can explain the process and tell you what is likely four your situation. You should ask your attorney about diversion programs as a means of avoiding prosecution.

    You asked what is the worst that can happen and Army Judge pretty much laid it all out. It's unlikely most of that will happen. Most common is just fines and a short term of probation.
     
  12. Silly me

    Silly me Law Topic Starter New Member

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    Thanks sir..I will speak to my attorney about diversion program..
    I will try to be patient but its hard, m so terrified that I really want to put it behind me amicably soon..
    Thanks for your time and advise..
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    You do exactly what your Lawyer advises
     
    Silly me likes this.
  14. shrinkmaster

    shrinkmaster Well-Known Member

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    YOU are not in control of timeline sorry
     
  15. Silly me

    Silly me Law Topic Starter New Member

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    Noted sir. Will follow my lawyers advice properly on this..
    Thanks again!
     
  16. Silly me

    Silly me Law Topic Starter New Member

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    What is deferred adjudication?
    Does one not get prosecuted if given deferred adjudication..and does that mean it doesn't go on your record with this option..
    Just curious..have another appointment with my attorney on thursday, so was curious..
     
  17. army judge

    army judge Super Moderator

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    If one receives deferred adjudication, you are sentenced AS AN EXAMPLE to 90 days in jail, a $1,000 fine, but the sentence is suspended, you're placed on probation for 90 days, you might have to do 40 hours of community service, take random drug tests, meet with your probation officer every two weeks, keep a job (or ACTIVELY seek a job), take a class on honesty, and most important avoid any additional criminal or traffic charges for the 90 days, and on the 91st day, you appear in court, the probation officer tells the judge you completed the 90 day deferred period SUCCESSFULLY, and the PO recommends the judge DISMISS the charge.

    You attorney will explain the SPECIFICS of the option you MIGHT be offered, as my example is not necessarily what your judge will sentence you to complete.

    Bottom line, you pass everything, do exactly as told, this will be forgotten, so to speak.

    That's enough for now.

    You need to learn PATIENCE so you can complete the program you MIGHT get.
     
  18. Silly me

    Silly me Law Topic Starter New Member

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    thank you sir.that helps..
    Will religiously do what my attorney says and what program will be given to me.
    Thanks!
     
  19. shrinkmaster

    shrinkmaster Well-Known Member

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    If you have a question start a thread to address YOUR issue
     
  20. Silly me

    Silly me Law Topic Starter New Member

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    hello sir, sorry to respond late..My phone had some trouble so I couldn't see your msg..
    So I have got the date from court for the end of this month..I heard from my attorney about it a week ago only..I have also revived a notice in my mail last week..
    In the meantime, my attorney advised me to take that online course of 6 hours and a 24 ho us community service..both of these things I completed in August only and the submitted to my attorney..
    I am hoping to get this mess resolved as soon as possible..

    What preparations I need to do for my court date? what should I expect there?is it gonna be the only court appearance or there will be more..and by when do you think this will all be behind me..
    Any suggestions from your kindself?

    Thanks
     

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