Shoplifting, Larceny, Robbery, Theft Citation for shoplifting in GA...please help...

[stupidinga]

I really need some advice. I tried calling the police department, but I can't reach anyone...go figure.

I am pregnant and this has really gotten to me...I am so incredibly upset that I'm scared this will cause me to miscarry (I have been cramping badly ever since it happened).

Okay, so there is no excuse for what happened, but yesterday I did a really stupid thing and stole some items from Wal-Mart in Hiram, GA. The manager had it in for me because I filed an incident report after my son fell out of their faulty shopping cart. So she was watching me like a hawk apparently.

Anyways, it was under $100 and they just told me I would get a letter in the mail for restitution...to pay for the merchandise. They did have to call the cops but I was not arrested and was just issued a citation to appear in court in one month and I am pretty sure all I am going to have to do is pay a fine...I believe that's what the officer and WM told me.

Anyways, the fine is okay...I have accepted that. My question is...since I was not arrested, it was under $100 and I only received a citation...will this be something that goes on my record and stays there forever? I have been shaking and unable to eat or sleep ever since that happened and I will think of it every second until I appear in court and get the fine paid.

Any thoughts would really be appreciated. It was a very stupid thing to do, but it seems we have had so many things go wrong this year and I was desperate. I have a little boy and I am so scared this his mommy is going to have SHOPLIFTER on her forehead forever. I can't let my husband find out about this...he would never let me live it down. I feel I've suffered enough already with worrying as to whether or not I am going to lose my baby over this!

 

[stupidinga]

I have to add that I have NEVER been charged with anything or done anything in my life...this would be the first time.

 

[Prudens]

A friend of mine was in the similar situation too, a few days before your incident.

Cops came, grabbed her purse without her consent, and found 3 memory sticks (about $200) in her purse, claiming it to be stolen merchandise.

I'm no lawyer, but I found out that in many states, shoplifting is when someone leaves the store without paying for the merchandise.

When the cops came, she was still carrying on a conversation with the store manager --- No wonder you don't see them at all, only when there's trouble.

She was given a citation and fingerprinted at the police station. Were you fingerprinted?

She is now working with a criminal defense attorney to counter shoplifting charge with affirmative defense of false arrest and false imprisonment (they detained her inside a room without declaring her rights to her as per the Constitution).

If I were you, hire a defense attorney and ask him/her to plea you NOT GUILTY and MOTION FOR DISCOVERY (allows your attorney to view the surveillance tapes). If you plead GUILTY, I think it will go on your record and not do you any good.

It's not as severe as you think.

 

[stupidinga]

I was never informed of my rights...I didn't know they should have done that. And I was never fingerprinted or anything. The only thing was I was given the citation. I do have a bruse on my arm from the LP guy grabbing me. I was told by someone that used to work at WM in another state that they aren't allowed to touch you...at least without first trying to get you to stop. he just turned around in front of me suddenly, grabbed me hard by the arm and said "ma'am" a few times while looking off in another direction (I'm guessing looking for the manager). I thought he was some weirdo trying to take me off somewhere.

The person that told me he wasn't allowed to touch me also said she had never heard of them using a child in their little "stings".

There were also one or two of the items that really were mine (I'm a girl, I do own makeup, etc!) that they practically made me hand over to them.

So the Loss Prevention guy was supposed to tell me my rights? Or the officer was when he got there? You confused me there. Either way, I was never told of my rights whatsoever by anyone. How could I prove they did not read me my rights? Do they do audio back there in those rooms?

I am not as scared about this anymore as I was because I talked to a friend in South Carolina (my homestate) who is a criminal trial defense lawyer so if he could defend me he would--not licensed in GA. He said to request a jury trial with an appointed attorney and most likely WM will drop the charges because they won't want to mess with it. What do you think? That's his job, so I guess his advice is pretty good.

My mom said I should go to the police dept and file a report about my bruise and how my arm was grabbed like that...but it's been closer to a week since it happened and my bruise still looks blue and fresh and she said they may not believe it happened during the incident, but I'm fair-skinned and bruise easily and very well so I don't know...

 

[Prudens]

I was never informed of my rights...I didn't know they should have done that. And I was never fingerprinted or anything. The only thing was I was given the citation. I do have a bruse on my arm from the LP guy grabbing me. I was told by someone that used to work at WM in another state that they aren't allowed to touch you...at least without first trying to get you to stop. he just turned around in front of me suddenly, grabbed me hard by the arm and said "ma'am" a few times while looking off in another direction (I'm guessing looking for the manager). I thought he was some weirdo trying to take me off somewhere.

The person that told me he wasn't allowed to touch me also said she had never heard of them using a child in their little "stings".

There were also one or two of the items that really were mine (I'm a girl, I do own makeup, etc!) that they practically made me hand over to them.

So the Loss Prevention guy was supposed to tell me my rights? Or the officer was when he got there? You confused me there. Either way, I was never told of my rights whatsoever by anyone. How could I prove they did not read me my rights? Do they do audio back there in those rooms?

I am not as scared about this anymore as I was because I talked to a friend in South Carolina (my homestate) who is a criminal trial defense lawyer so if he could defend me he would--not licensed in GA. He said to request a jury trial with an appointed attorney and most likely WM will drop the charges because they won't want to mess with it. What do you think? That's his job, so I guess his advice is pretty good.

My mom said I should go to the police dept and file a report about my bruise and how my arm was grabbed like that...but it's been closer to a week since it happened and my bruise still looks blue and fresh and she said they may not believe it happened during the incident, but I'm fair-skinned and bruise easily and very well so I don't know...

The officer or the Loss Prevention guy should inform you of your rights. Usually the officer.

Anyways, go and document your bruise. All excuses will help you. Even though, like your friend says, it's a very minor thing and I'm sure you have nothing to worry about. The DA is going to slap your wrist and let you go. But... you must appear in court as they instructed you to do so on the citation. If you don't, they'll send a cop to your house and arrest you.