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Guilty or not?

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baryfan

Junior Member
What is the name of your state? South Carolina
Last night, I was in a convenience store and bought a couple of lottery tickets. I had a lot on my mind, but I also went in back and got a couple of drinks from the cooler. I scratched off one ticket and was thinking too much, I guess and assumed I had already paid for the drinks, pu them in the bag I always bring(they use crummy ones) and walked out without another thought, until I heard an employee yelling after me. When I stopped, she asked if I was going to pay for the drinks and I realized I hadn't. Now...I'm a 49 yr old white female...not stupid by any means....but fully embarassed. I went back to the store to pay, but the clerk wouldn't let me. She wanted me to stand off to the side and wait for the cops. I went and pu the drinks back in the cooler and said it was really stupid, but the clerk wanted to insist I get prosecuted...made an example of. I then left the store, but another employee had me go back inside, where a female cops waited and had me get in the car. She asked a couple of questions and I told her I thought I had paid and tried to. She went in to talk to them and they were insistent I be prosecuted. She then told me I'd have to go to jail and see a court judge. I was handcuffed and taken away to the jail, where I was photographed and fingerprinted and told NOTHING. Then put in a small cell with five other ladies...no pillows, just a hard bench or floor, and left to cry until I had a massive headache. My boyfriend was trying to find out about my bond, which hadn't been posted and went thru hell and high water trying to get thru to someone who knew something. Finally, afterfive hours or so, I was asked to come out of the room(not knowing why) and told to sign this and that paper...then given back my credit card and the instant tickets that had been in my pocket. My boyfriend had paid $400+ dollars to bond me out. I have a court date set for 10 days from now, but have no idea what to say....do I plead guilty or not? What are the ramifications if I do? The female cop told me the store had a new district manager who was all "gung-ho" for prosecutions(this was stuff under $4.00)plus...I put them back. What will my lack of concentration and memory bring down on my head? What's the most they can do...or the least? I really have no clue and no experience in these matters. Any advice would be appreciated. Thanks.
 


seniorjudge

Senior Member
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

outonbail

Senior Member
I guess and assumed I had already paid for the drinks, pu them in the bag I always bring(they use crummy ones) and walked out without another thought,
If you can get the judge to swallow this line, you've got it made!

Just curious, when you told the clerk you would pay for the drinks that you mistakenly placed in the bag you brought with you, were you going to pay for them with cash, or charge them to your credit card?
 

baryfan

Junior Member
If you can get the judge to swallow this line, you've got it made!

Just curious, when you told the clerk you would pay for the drinks that you mistakenly placed in the bag you brought with you, were you going to pay for them with cash, or charge them to your credit card?
I was going to pay with either, but the clerk wouldn't let me pay. I had my debit card out and cash. I know...it all sounds stupid, but I had just gotten a nasty e-mail from an ex and I was very distracted and then very embarrassed and rattled.
 

outonbail

Senior Member
Well, the reason I asked, is because of this statement:
Finally, afterfive hours or so, I was asked to come out of the room(not knowing why) and told to sign this and that paper...then given back my credit card and the instant tickets that had been in my pocket.
You do not mention having any cash returned with your card and the lottery tickets and I assumed you probably didn't have any cash on you , or at least not after buying the lottery tickets.

Now, what I'm going to post is probably not what you want to hear, but please step back from the situation for a moment and look at what you're trying to sell here.

You went into this store to buy drinks but rather than bring money, you brought your own bag. Then you removed these drinks from the cooler, placed them in a bad you brought with you and proceeded to exit the store without stopping at the register to pay for the items now concealed in your bag.

Do you find these "I was distracted, thinking about my ex, scratching off a lottery ticket so it slipped my mind" excuses, even slightly believable? Because to be frank, I don't. I also don't think the DA, Judge or anyone else capable of lucid thought, will believe this rendition of how it was an honest mistake either.

Bringing your own bag into the store is bad enough, but not bringing any cash is one hell of a smoking gun to be waving around while you're claiming to be innocent.

You weren't distracted, embarrassed and so rattled that you didn't remember what you went into the store for, so why did you become so forgetful because of these issues when it came time to pay for them?
Can you see where maybe, just maybe, you'll have a hard time convincing anyone that is presented with all these facts, that you made an honest mistake?

There are several other points in your post I could address, but I don't want you to get the idea that I'm picking on you or calling you a liar, because this is not my intention.

But personally, I think you will make out better in court if you take responsibility for your actions and show remorse for what you've done, than you will if you go into court armed with this "I was distracted" story, because I have to tell you, that dog just don't hunt!
 

>Charlotte<

Lurker
There are several other points in your post I could address
Is one of them:

If someone is going into a store to buy lottery tickets and a drink do they walk in, get in line to buy the tickets, buy the tickets, then go get the drinks, then get back in line to buy the drinks? Or, do I walk in, pick up the drinks, then stand in line to get the tickets and pay for everything at once?

I always get the feeling some of these OPs are just taking their story for a test drive.
 

FlyingRon

Senior Member
Is one of them:

If someone is going into a store to buy lottery tickets and a drink do they walk in, get in line to buy the tickets, buy the tickets, then go get the drinks, then get back in line to buy the drinks? Or, do I walk in, pick up the drinks, then stand in line to get the tickets and pay for everything at once?
In some places, especially when they are computer printed tickets rather than the scratch-offs the stores maintain a separate line to process the ticket purchases.
 
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