Shoplifting, Larceny, Robbery, Theft Minor Shoplifting

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charper2013

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Hello Everyone! My name is Casey and I am new to this forum. May 28th I was arrested outside of my house for shoplifting. I was caught running outside of Radioshack with a pair of 30$ headphones. I am on a surveillance camera inside of the store. When I was arrested I returned the items. I was very cooperative with the cop. My courth date is June the 14th. This is my very first offense. I don't want YDC. Probation and Community Service and fines I can deal with. I am 15 so a minor misdeameanor. I will be very respectuful with the judge and present myself as a responsible young man. What should I plead? What do you think my punishment will be? Is there a chance I may get YDC?

Lastly, my school record isnt very good either. Will this be a factor when the judge is deciding my fate?

Thanks,
charper2013
 
charper2013 said:
Hello Everyone! My name is Casey and I am new to this forum. May 28th I was arrested outside of my house for shoplifting. I was caught running outside of Radioshack with a pair of 30$ headphones. I am on a surveillance camera inside of the store. When I was arrested I returned the items. I was very cooperative with the cop. My courth date is June the 14th. This is my very first offense. I don't want YDC. Probation and Community Service and fines I can deal with. I am 15 so a minor misdeameanor. I will be very respectuful with the judge and present myself as a responsible young man. What should I plead? What do you think my punishment will be? Is there a chance I may get YDC?

Lastly, my school record isnt very good either. Will this be a factor when the judge is deciding my fate?

Thanks,
charper2013
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Yes, your school record will be scrutinized.

But, this is such a petty thing, you'll get community service, probation, have to pay fines & costs, and attend a class on honesty.

You'll also be ordered to possibly pay restitution.

You already gave them back their crap, so that should be okay.

You should discuss this with your parents/guardians.

Their opinions will be solicited, and they should be present, if you want to avoid confinement!
 
I was thinking and I realized that the cop who arrested me failed to marandize me. Will this help me? My cousin was arrested with me so he can be witness that he didnt.
 
charper2013 said:
I was thinking and I realized that the cop who arrested me failed to marandize me. Will this help me? My cousin was arrested with me so he can be witness that he didnt.
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No.

That isn't relevant.

If you believe you aren't guilty, plead not guilty.

If you can't afford a lawyer, ask the court to appoint one to represent you.

Then let the state prove their case, IF they can.
 
army judge said:
No.

That isn't relevant.

If you believe you aren't guilty, plead not guilty.

If you can't afford a lawyer, ask the court to appoint one to represent you.

Then let the state prove their case, IF they can.
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Ok but I know im guilty.. but ist it a law that they have to do that. I hear alot about people getting there case dismissed because the cop failed to marandize them. Is it possible I could get my case dismissed because of this?
 
charper2013 said:
Ok but I know im guilty.. but ist it a law that they have to do that. I hear alot about people getting there case dismissed because the cop failed to marandize them. Is it possible I could get my case dismissed because of this?
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No, cops don't have to read everyone Miranda, only suspects.

They nabbed you and you confessed.

However, if the cop questioned you without your patents/guardians present, that isn't legal.

In fact, the merchant had an obligation to contact your parents.

Were your parents notified?

Did they come and collect you from the store or the police station?
 
I am going to take a wild guess that sine the police officer caught up to you at your house, that is probably where much of the conversation took place?
It is very likely that you were not yet in custody, and Miranda was not required.
As said above, Miranda isn't automatic- there are two things that must be true for Miranda to apply.
1. You are in custody
2. You are being asked questions about the crime.

AFTER asking you about the crime while out in front of your house, the officer most likely THEN took you into custody, getting around Miranda.

Don't believe what you see on tv.

Anyone interested... I just spotted this on Yahoo News regarding Miranda:
http://news.yahoo.com/s/ap/20100601/ap_on_go_su_co/us_supreme_court_miranda_rights
 
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