Shoplifting, Larceny, Robbery, Theft Shoplifting in WA state...very, scared!!

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koala70

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Hello...looking for some advice here. I was detained today at a large chain store for alledgedly trying to take two items, total value about $25.00. I was not stealing the items but exchanging for another size. I had the receipt for the original charges but the store is alledging that I was trying to get money for a return and then take a new item. The receipt shows that I returned a few items but NOT the items in question.

I was taken by local police to jail for about 30 minutes where I was fingerprinted but let go with no bail or court date pending. The police said that I will receive court info in the mail in about 3 weeks but I am terrified of what to do until then!

I have no previous convictions for anything. I am in my mid thirties and a stay-at-home mother and am freaked out. I plan to plead NOT GUILTY but would like to avoid court if at all possible and just get this expunged from my record.

I do not know what to do. Any advice??
 
At this point you just need to wait. The District Attorney will have to review the evidence and decide whether or not to prosecute. If they don't, then it all magically goes away.
If the DA does file the charges then appear in court when you are ordered to. Discuss the issue with the court appointed attorney and be sure to have any necessary documents that aid your explanation. The attorney may be able to get the charges dismissed, but if not you can still plead not guilty and a trial date will be set. Before that trial date comes up you can consult with a private attorney if you wish... and which you should. You don't need to run out and get one right away though... wait and see what happens before you spend any money.
 
Hi MightyMoose,

Thank you for the reply! How likely do you think it is that the DA will decide not to prosecute? I have this horrible feeling that they are going to not only prosecute me but make an example of me. I am white, mid-thirties, live in an affluent area, etc. I feel like they want to throw me in jail to prove some point. The way everyone was yelling at me today it was terrifying.

It looks like you have lots of experience so I am just looking for your best guess for not being prosecuted...kind of a percentage.

And if the items were less than $50 is it true that this is not considered a misdemeanor? Will this just be an infraction? I am so scared this will go on my record and block me from working again. I feel sick.

Any other thoughts would be GREATLY appreciated!!!!!!! Thank you!~
 
I really can't say without having all the information... which includes statements of people at the store, video cameras, the receipts, etc...
However, if your receipts and the story as you tell it give the DA reason to believe that a full jury of 12 won't find you guilty and will buy into your defense, then it will likely be dropped. I am honestly surprised you were arrested at all. You probably could have been given a citation. But... I don't have all the info either.
 
Really??? I will have to face a jury??? Oh my god!!! That sounds horrible. I thought it would just go before a judge...not go to trial. That seems like an insane amount of time and money to spend for less than $25.00 I know you don't have all the facts but I do know that there was no video, at least there appeared to be no video evidence...just the store undercover agents eyes. They took a picture of the items any my cart...that is all the photographic evidence I believe they have.

And I have my receipts for the items in question and the new items I bought today. In fact, we have a very long purchase history with this chain.

It all seems to be so overdone for something so small. But I think that they want to prove they are tough on shoplifting no matter what. The town is small and affluent so there isn't much crime. Maybe that is why they are so angry?

I am praying and hoping that I am not going to jail for this. I just can't believe this is happening....
 
One other thing, my husband wants to contact the store manager to talk to him about what happened. Does anyone think this is a good idea? Can it hurt my case? We are unsure but my husband thinks if he has a non-emotional conversation with the manager maybe they will dismiss the case against me.

Any thoughts? Thanks!!
 
Your husband should butt out. He won't accomplish anything by contacting the store manager. Just give it some time. If it is as petty as it sounds and you have even a remotely convincing story to tell, it will likely be dropped. The store is not out anything... so the DA is not likely to pursue it.
 
You need to start calling Lawyers. If you have done nothing wrong an Attorney will best serve you to get this resolved. Without knowing anything other than your version no one can really say what outcome will be. If there is video then your Attorney should seek that video via discovery process. Also there is a link in my signature line. It will take you to a site just for issues like yours you might find valuable info there
 
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