Hello all,
Here's my story, a few details are out of the ordinary, and I am having trouble finding any relevant information online as I get ready for court day. So, I think it is best to get personalized advice. Please respond with any comment you have, whether you are in LP or have been in a similar circumstance to mine, your input would really help me gain perspective.
Here are the facts, I'll spare you any emotion, and save excuses for the end!
I live in Maryland, I went to visit my boyfriend who goes to college in Pennsylvania. One Saturday afternoon, we went to an upscale regional supermarket chain to pick up a few things and have lunch at their buffet, as well as kill some time while waiting to meet friends. We got lunch at the pay-by-weight buffet. He ate a few grapes off my plate before we weighed them. We still had time to kill, so we walked around the store, looking at magazines, etc. In the cosmetic isle, while he was on his cell phone, I slipped some earrings and nail polish up my sleeves. We walked around the store some more, and bought a few things, paid in cash. I thought I noticed an employee following us, and she followed us to the exit. So, I stopped my boyfriend, and told him that I had to go to the bathroom before we left. I went in and, in one of the stalls, took the earrings out of their little holder and put them in my pocket. I put the nail polish under the (empty) bag in the feminine-products can, and the empty earring holders in the bag. We left, and the employee I had seen as well as a plain-clothes LP lady followed us. We walked through the parking lot and got in my car. I started it, but rolled down the window and talked to them as they approached. The in-uniform employee said nothing. I had the following exchange with the plainclothes LP lady. (paraphrased)
Her: The earrings?
Me: Earrings?
Her: Where are the earrings?
Me: (silent)
Her: You stole earrings, I have the product...
Me: (still silent)
Her: You put these earrings up your sleeve, I have video!
Me: You think I took your earrings?
Her: I have video!
Me: Do you want to go through my bag? Do I need to take off my shirt?
Her: Don't get smart with me! I have you on video! We'll get the license number from this car.
Me: I'm leaving...
At this point, I looked at them both to wait for a response, I wasn't sure if they could keep me in the parking lot or were going to call the police. Neither one said anything, so I drove away. That night, I got a concerned call from my father, who lives in Hawaii. He told me that he had gotten a message from an officer, saying that I was "involved in a police incident." I told him the nature of the incident, and asked him for the return phone number given by the officer so that I could call him back. I asked him to ignore any subsequent phone calls, as I would take care of it. The fact that my out-of-state parents got a call is odd, given that I am not a minor, but 21 years old. My landlord/housemate also got a similar call on the house phone. The officer asked her if she knew me, or knew why my car would be registered to her address. She's a bit paranoid, I guess, and thought it could be a scam (he didn't give a badge number, nor did she ask for one) she told him that she did not know me.
That was Saturday. On Monday, back in Maryland, I called lawyers who practice in the small college town and talked with a few of them. One checked some kind of database and told me that charges had not been filed, but still could be. He told me that my parents were not obliged to make any statements, nor return any calls. That Friday, hours before boarding an international flight, I got a letter with a ticket, a sheet of paper for me to send in and enter my plea, and a summons to appear for fingerprinting. The plea paper said that I had to respond by a certain date or a warrant for my arrest would be issued. The fingerprint order said that I had to appear by a certain date (but did not say 'or a warrant will be issued.') That certain date fel within the period of my international travel. So, once I could get to a phone overseas, I called the lawyer again and explained my situation. After getting my payment information, he advised me to enter a plea of not guilty, and contacted the relevant parties to notify them that I would miss my fingerprinting date, but would comply with the order upon my return to the country. I managed to get to an American post office on an Air Force base and sent the plea by certified letter. The receipt said that it was received, but after the date by which it was due. However, this does not seem to have been a problem. I reported and was fingerprinted without any issue being made of my tardiness.
Those are the facts. Now, I'll move on to the hazier realm of speculation. First, I'll ask questions, and you can speculate on the answers! Any input is very well appreciated.
Why were my parents and landlord called, but never me? My cell phone number is associated with my car registration. My family once did live in Pennsylvania. Perhaps my license plate led to my name, which led to their phone number in the PA database? I don't think this is at all relevant to the case or my defense, I am just curious to know how these things work.
Is the fact that the LP officer never took my ID relevant? I hesitate to even ask about the relevance of fact that she never asked for it, or asked me not to leave, since I can't prove either of those things.
How about the fact that I rolled down my window to talk with the LP officer, any points for cooperation?
And now, I'll speculate on a few things, and you can tell me what you think of it.
As I see it, I made a few damning mistakes. The first is obvious. The second was to take the little earrings out of their holder and put them in my pocket, that means that I actually DID carry something out of the store, which makes things worse. The third was to roll down my window and talk to the LP officer and employee, I could have just left and she might not have pursued the issue. The fourth mistake, it seems, was to piss her off. Anything I can do, at this point, to mitigate these mistakes?
And, finally, one more topic for speculation; a defense strategy. I realize that no person on this forum is acting as a legal professional, and that no comments made here should be taken as legal advice. The operators and contributors assume no responsibility nor liability ... et cetera. That said, here are my questions:
PA has a rehabilitative program for misdemeanor offenses called ARD. After a parole period, the offense is expunged from the records. Unfortunately, 1st offense retail theft under $150 is a summary offense. Is there any similar program for summary offenses that you know about?
I have asked my attorney to get a copy of the video footage, as I think it would be best to see it before the trial. To date, I haven't seen it, my attorney has not gotten back to me. However, since no one ever asked for my ID at the scene, barring fingerprint evidence, it can't be proved that it was me there, and not a friend to whom I had loaned my car. We are, after all, innocent until proven guilty. Is this defense option a waste of time to pursue? What are your thoughts?
Lastly, my attorney advised me to take a look through my receipts from abroad. If any of them have a mistake in the date, he said (with an air of half-seriousness) it could be used to build the defense that I was out of the country. It so happens that my ticket does have a mistake in the date. To me, though, this seems a very dicey option. After all, the printer may have been set to the wrong date, but surely the airline records show that I left the country a week after the incident, not a week before, as do my credit card records, and work schedule. Are these things that a district judge can subpoena in a summary offense case? Couldn't I be accused of fraud or something else much more serious as a result of submitting a ticket with a typo as evidence?
I have read in this forum about a "diversion" option. What is that? Does such a thing exist in my case?
Thank you for reading that all the way to the end (if you've been able to!) As I said your thoughts are definitely appreciated, on any aspect of what I've written.
Thank you!
Here's my story, a few details are out of the ordinary, and I am having trouble finding any relevant information online as I get ready for court day. So, I think it is best to get personalized advice. Please respond with any comment you have, whether you are in LP or have been in a similar circumstance to mine, your input would really help me gain perspective.
Here are the facts, I'll spare you any emotion, and save excuses for the end!
I live in Maryland, I went to visit my boyfriend who goes to college in Pennsylvania. One Saturday afternoon, we went to an upscale regional supermarket chain to pick up a few things and have lunch at their buffet, as well as kill some time while waiting to meet friends. We got lunch at the pay-by-weight buffet. He ate a few grapes off my plate before we weighed them. We still had time to kill, so we walked around the store, looking at magazines, etc. In the cosmetic isle, while he was on his cell phone, I slipped some earrings and nail polish up my sleeves. We walked around the store some more, and bought a few things, paid in cash. I thought I noticed an employee following us, and she followed us to the exit. So, I stopped my boyfriend, and told him that I had to go to the bathroom before we left. I went in and, in one of the stalls, took the earrings out of their little holder and put them in my pocket. I put the nail polish under the (empty) bag in the feminine-products can, and the empty earring holders in the bag. We left, and the employee I had seen as well as a plain-clothes LP lady followed us. We walked through the parking lot and got in my car. I started it, but rolled down the window and talked to them as they approached. The in-uniform employee said nothing. I had the following exchange with the plainclothes LP lady. (paraphrased)
Her: The earrings?
Me: Earrings?
Her: Where are the earrings?
Me: (silent)
Her: You stole earrings, I have the product...
Me: (still silent)
Her: You put these earrings up your sleeve, I have video!
Me: You think I took your earrings?
Her: I have video!
Me: Do you want to go through my bag? Do I need to take off my shirt?
Her: Don't get smart with me! I have you on video! We'll get the license number from this car.
Me: I'm leaving...
At this point, I looked at them both to wait for a response, I wasn't sure if they could keep me in the parking lot or were going to call the police. Neither one said anything, so I drove away. That night, I got a concerned call from my father, who lives in Hawaii. He told me that he had gotten a message from an officer, saying that I was "involved in a police incident." I told him the nature of the incident, and asked him for the return phone number given by the officer so that I could call him back. I asked him to ignore any subsequent phone calls, as I would take care of it. The fact that my out-of-state parents got a call is odd, given that I am not a minor, but 21 years old. My landlord/housemate also got a similar call on the house phone. The officer asked her if she knew me, or knew why my car would be registered to her address. She's a bit paranoid, I guess, and thought it could be a scam (he didn't give a badge number, nor did she ask for one) she told him that she did not know me.
That was Saturday. On Monday, back in Maryland, I called lawyers who practice in the small college town and talked with a few of them. One checked some kind of database and told me that charges had not been filed, but still could be. He told me that my parents were not obliged to make any statements, nor return any calls. That Friday, hours before boarding an international flight, I got a letter with a ticket, a sheet of paper for me to send in and enter my plea, and a summons to appear for fingerprinting. The plea paper said that I had to respond by a certain date or a warrant for my arrest would be issued. The fingerprint order said that I had to appear by a certain date (but did not say 'or a warrant will be issued.') That certain date fel within the period of my international travel. So, once I could get to a phone overseas, I called the lawyer again and explained my situation. After getting my payment information, he advised me to enter a plea of not guilty, and contacted the relevant parties to notify them that I would miss my fingerprinting date, but would comply with the order upon my return to the country. I managed to get to an American post office on an Air Force base and sent the plea by certified letter. The receipt said that it was received, but after the date by which it was due. However, this does not seem to have been a problem. I reported and was fingerprinted without any issue being made of my tardiness.
Those are the facts. Now, I'll move on to the hazier realm of speculation. First, I'll ask questions, and you can speculate on the answers! Any input is very well appreciated.
Why were my parents and landlord called, but never me? My cell phone number is associated with my car registration. My family once did live in Pennsylvania. Perhaps my license plate led to my name, which led to their phone number in the PA database? I don't think this is at all relevant to the case or my defense, I am just curious to know how these things work.
Is the fact that the LP officer never took my ID relevant? I hesitate to even ask about the relevance of fact that she never asked for it, or asked me not to leave, since I can't prove either of those things.
How about the fact that I rolled down my window to talk with the LP officer, any points for cooperation?
And now, I'll speculate on a few things, and you can tell me what you think of it.
As I see it, I made a few damning mistakes. The first is obvious. The second was to take the little earrings out of their holder and put them in my pocket, that means that I actually DID carry something out of the store, which makes things worse. The third was to roll down my window and talk to the LP officer and employee, I could have just left and she might not have pursued the issue. The fourth mistake, it seems, was to piss her off. Anything I can do, at this point, to mitigate these mistakes?
And, finally, one more topic for speculation; a defense strategy. I realize that no person on this forum is acting as a legal professional, and that no comments made here should be taken as legal advice. The operators and contributors assume no responsibility nor liability ... et cetera. That said, here are my questions:
PA has a rehabilitative program for misdemeanor offenses called ARD. After a parole period, the offense is expunged from the records. Unfortunately, 1st offense retail theft under $150 is a summary offense. Is there any similar program for summary offenses that you know about?
I have asked my attorney to get a copy of the video footage, as I think it would be best to see it before the trial. To date, I haven't seen it, my attorney has not gotten back to me. However, since no one ever asked for my ID at the scene, barring fingerprint evidence, it can't be proved that it was me there, and not a friend to whom I had loaned my car. We are, after all, innocent until proven guilty. Is this defense option a waste of time to pursue? What are your thoughts?
Lastly, my attorney advised me to take a look through my receipts from abroad. If any of them have a mistake in the date, he said (with an air of half-seriousness) it could be used to build the defense that I was out of the country. It so happens that my ticket does have a mistake in the date. To me, though, this seems a very dicey option. After all, the printer may have been set to the wrong date, but surely the airline records show that I left the country a week after the incident, not a week before, as do my credit card records, and work schedule. Are these things that a district judge can subpoena in a summary offense case? Couldn't I be accused of fraud or something else much more serious as a result of submitting a ticket with a typo as evidence?
I have read in this forum about a "diversion" option. What is that? Does such a thing exist in my case?
Thank you for reading that all the way to the end (if you've been able to!) As I said your thoughts are definitely appreciated, on any aspect of what I've written.
Thank you!
