Warrant for theft

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illuyer

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Well, I was caught shoplifting back on July, 2010. I wasn't taken to jail or anything, it was just a misdemeanor and the cop said that I would just need to pay for it and be done.

I got the payment paper in mail, and sent the money ($250) in. I had forgotten I even got that ticket, until I got pulled over about 2 weeks ago for "ignoring a traffic light" and got arrested on the spot, for having a warrant (which I had no idea I did).

What I apparently failed to do was show up in court. It clearly said I had to on my ticket, but it was something I failed to notice. I thought paying for the ticket meant I was pleading guilty, and didn't have to do anything else. My bound was $800, and I had to pay another $100 for the warrant, not to mention the money I have to pay for being pulled over in the first place.

I had court today, and I pleaded not guilty so I could get a public defender to discuss it with, and go from there.

What exactly are my options? Can I convince the judge I failed to read it said I had to show up in court? Was pleading not guilty in order to get a public defender the right choice? I really don't want to have a felony in my record.

Help me out here!

Thanks in advance.
 
So far, so good.

Plead not guilty and keep your mouth shut. Admit to nothing!!!

Talk only to your lawyer. Time is on your side.

Never plead guilty. Always make the state prove your guilt.

Consult with your lawyer and if you concur, follow his/her advice.
 
The letter was sent from "Bennett Law".

It said:

"This firm has been asked by Wal-Mart Stores, Inc. to handle the resolution of a civil shoplifting or theft incident in which you were involved. At this time your file has not been personally evaluated by your attorney.

The law in your state authorizes the merchant to recover civil damages and/or penalties, which they suffer as a result of shoplifting. A copy of this statute is included with this letter.

This letter is a settlement offer in order to settle all potential civil claims our client may have against you, arising from this incident, for a lesser amount before this matter proceeds any further within our office. The amount that you need to pay in order to settle this civil matter this time is $250.00.

Please note that the civil damages and/or penalties, requested in this latter are in addition to any criminal penalty. IF you have been prosecuted, you still owe these civil damages and/or penalties.
 
They screwed you.

As you can see, they only demanded your money.

Now they have your money and you still face criminal charges.

Lawyer up and clam up.

Your lawyer may be able to use that letter to make this go away or lessen the damage.


illuyer said:
The letter was sent from "Bennett Law".

It said:

"This firm has been asked by Wal-Mart Stores, Inc. to handle the resolution of a civil shoplifting or theft incident in which you were involved. At this time your file has not been personally evaluated by your attorney.

The law in your state authorizes the merchant to recover civil damages and/or penalties, which they suffer as a result of shoplifting. A copy of this statute is included with this letter.

This letter is a settlement offer in order to settle all potential civil claims our client may have against you, arising from this incident, for a lesser amount before this matter proceeds any further within our office. The amount that you need to pay in order to settle this civil matter this time is $250.00.

Please note that the civil damages and/or penalties, requested in this latter are in addition to any criminal penalty. IF you have been prosecuted, you still owe these civil damages and/or penalties.
Click to expand...
 
Your mistake was as I thought the letter you got was the civil demand not your court date. You confused the two. by missing court up ante and may now not be able to get Diversion. As you were told get a Lawyer!
 
I can't afford a lawyer. Would a public defender work in this case? I have a court on Apr 6th to turn in my public defender application.
 
True. I thought you guys meant a private attorney of some sorts. If I do get qualified for a public defender on the court day, how long do I have to discuss the matters with him/her? Does that differ from lawyer to lawyer?

What's the worst that could happen? I am found guilty and it stays in my record as a felony? How long would it stay on my record?

What's the best scenario? I am found unguilty and I am reimbursed the $750 I paid for my bound, as well as the $100 for the warrant?

Another thing: Shouldn't I have received some sort of paper for having a warrant out on my name? A friend of mine had a warrant and the cops showed up at her place to arrest her. Does that not usually happen?

Thanks a lot for all the responses, and thanks again for any future help. Much appreciated.
 
What's the worst that could happen?(Jail) I am found guilty and it stays in my record as a felony? ( Are you charged with a felony?) How long would it stay on my record? (Forever)
What's the best scenario? (Discuss your options with your Public Defender) I am found unguilty and I am reimbursed the $750 I paid for my bound, as well as the $100 for the warrant? (Unguilty?)

Another thing: Shouldn't I have received some sort of paper for having a warrant out on my name? (no) A friend of mine had a warrant and the cops showed up at her place to arrest her. Does that not usually happen? (Its at the discretion of the law enforcement agency)
 
Your bond money is gone, unless you paid it to the court.
If you paid a bondsman, that is what he/she makes for getting you out.
If you paid the court, when this is over, you'll get it back; unless you have fines.
Then they use it for the fines and return the rest, if any is left.
 
It is very possible that the victim in this case will not have any interest in participating further. You may be able to make all of this go away.
 
jacksgal said:
If DA has the evidence already (video, Lp report etc) they may not need victim.
Click to expand...

Well... there is that whole 6th Amendment thing... if the store doesn't cooperate and put a body in the court room then the evidence they have doesn't mean a whole heck of a lot.
 
That makes sense. All the "victim" asked for was my money, which they got. I find it quite pointless to go to court just to say "I'm guilty". If I had known I had to, I would have, but it still seems dumb to me. I just really hope I qualify for a public defender on April 6th and get at least most of my money back, and not have a felony (I'm ok with a misdemeanor).

Another quick question:

I had my hearing like I said, and now I have my application filled out for the public defender. When I go to court next week, am I to stand before a judge again with my application? Or do I just turn it in at the clerk's window and see if I qualify?

Thanks again for all the feedback. I really appreciate it.
 
You do as instructed. I suspect that means an appearance before the judge to approve your application for a lawyer.

You'll be given the lawyer's name and contact details and another court date. With any luck, you could even see your lawyer in court.





Or, you might be told that a lawyer will contact you. Who knows? Procedures vary. Just do what you're told. They own you now. Play the game. Be patient. Just bide your time.



Whatever you do, don't plead guilty. Talk with your lawyer and discuss your options. This takes weeks to play out, sometimes months, even years. Don't rush it. Delaying it serves your legal interests.
 
illuyer said:
That makes sense. All the "victim" asked for was my money, which they got. I find it quite pointless to go to court just to say "I'm guilty". If I had known I had to, I would have, but it still seems dumb to me. I just really hope I qualify for a public defender on April 6th and get at least most of my money back, and not have a felony (I'm ok with a misdemeanor).

Another quick question:

I had my hearing like I said, and now I have my application filled out for the public defender. When I go to court next week, am I to stand before a judge again with my application? Or do I just turn it in at the clerk's window and see if I qualify?

Thanks again for all the feedback. I really appreciate it.
Click to expand...

As I stated the "letter" was the civil action the victim took. This is unrelated to any criminal action. You then assumed it was your criminal case and missed court. If the Jude or court gave you any paperwork it might tell you when an dhow to contact Public defender. Be sure to look over all papers closely so you dont make anymore assumptions that cause you further grief. When you meet with Public Defender you can discuss options like diversion or its equal
 
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