Need advise on a theft charge Please

[Needadvise356]

What is the name of your state? Washington


I was recently detained by wal-mart for shoplifting, what happend is below.


Myself and my husband and 2year old went into wal-mart last sunday night to go grocery shopping, when we gathered everything we were buying we headed to the U-Scan lane to check out, i was ringing everything us and trying to clam a fusing 2 year old, now i know i heard everything beep (its quite loud) and i was bagging as i was ringing things up, my husband was putting the bagged grocerys into the cart (just so everything is clear we had 2 carts, one i was getting stuff out of and one my husband was putting the bagged stuff in) any how when we were done the total rang up to $194.00 and my husband steped up to pay. As we were walking out a man stoped me and told me i had to follow him because i had stuff in my bags that i did not pay for, so we followed him into a small room where 3 security guards (im assuming they were guards) told me to just admit i put items in the bags on purpose and ment to steal them, i just sat there not knowing what to say. I know that i heard everything ring up the beeps on the scan are loud and you would know if you tried to scan and it missed. One guard left then came back and told me i had $75 worth of stuff in my bags that i did not pay for, he then said he was calling the police and asked for my id, well i never bring ID with me when my husband drive.
The police officer did not say anything to me or my husband he just searched us both and had us sit back down, one of the security guards then tells me im going to jail because i dont have id so i might as well just tell them i stole everything on purpose, knowing i did not take anything intentionally i said i didnt. The cop then has my husband stand up and he cuffs him and take him to jail, he said he was under arrest because he is the one that paid for the items.
After they take him, im left in the room with my 2 year old and 4 guards, by this time i would have admited to stealing the statue of liberty had they asked me, just to get out of the room with those men.
I am being charged with 3rd degree misdeminor (RCW 9A.56.050) Im not sure what to do, I know its my fault for not double checking to make sure everything scanned, but i in no way went in there to steal things that my husband had plenty of cash in his wallet to pay for, we spent almost $200.00 there, we had no reason to try and steal anything.

I have court in a few days and im thinking of pleading guilty because it was my fault i didnt double check like i said before. Is that a bad idea? Is it legal to hold a female in a small room with 4 males and no other females? I just dont want to go to jail over a mistake. I have never had anything like this happen before and i have a clean record. Any advise would be greatly appriciated. Thank you.

Im sorry this is so long but i wanted people to understand what happend.

[BelizeBreeze]

Originally Posted by Needadvise356

What is the name of your state? Washington


I was recently detained by wal-mart for shoplifting, what happend is below.


Myself and my husband and 2year old went into wal-mart last sunday night to go grocery shopping, when we gathered everything we were buying we headed to the U-Scan lane to check out, i was ringing everything us and trying to clam a fusing 2 year old, now i know i heard everything beep (its quite loud) and i was bagging as i was ringing things up, my husband was putting the bagged grocerys into the cart (just so everything is clear we had 2 carts, one i was getting stuff out of and one my husband was putting the bagged stuff in) any how when we were done the total rang up to $194.00 and my husband steped up to pay. As we were walking out a man stoped me and told me i had to follow him because i had stuff in my bags that i did not pay for, so we followed him into a small room where 3 security guards (im assuming they were guards) told me to just admit i put items in the bags on purpose and ment to steal them, i just sat there not knowing what to say. I know that i heard everything ring up the beeps on the scan are loud and you would know if you tried to scan and it missed. One guard left then came back and told me i had $75 worth of stuff in my bags that i did not pay for, he then said he was calling the police and asked for my id, well i never bring ID with me when my husband drive.
The police officer did not say anything to me or my husband he just searched us both and had us sit back down, one of the security guards then tells me im going to jail because i dont have id so i might as well just tell them i stole everything on purpose, knowing i did not take anything intentionally i said i didnt. The cop then has my husband stand up and he cuffs him and take him to jail, he said he was under arrest because he is the one that paid for the items.
After they take him, im left in the room with my 2 year old and 4 guards, by this time i would have admited to stealing the statue of liberty had they asked me, just to get out of the room with those men.
I am being charged with 3rd degree misdeminor (RCW 9A.56.050) Im not sure what to do, I know its my fault for not double checking to make sure everything scanned, but i in no way went in there to steal things that my husband had plenty of cash in his wallet to pay for, we spent almost $200.00 there, we had no reason to try and steal anything.

I have court in a few days and im thinking of pleading guilty because it was my fault i didnt double check like i said before. Is that a bad idea? Is it legal to hold a female in a small room with 4 males and no other females? I just dont want to go to jail over a mistake. I have never had anything like this happen before and i have a clean record. Any advise would be greatly appriciated. Thank you.

Im sorry this is so long but i wanted people to understand what happend.

It matters not that you had a 2 year-old. You could have handed the child to your husband.

It matters not that you did the self-scan. It was your choice.

you need an attorney becuase, aside from the criminal charges, you will be hit with a civil recovery fine (or both you and hubby).

[Needadvise356]

I wasnt asking for advise if i could use my kid to get off and i dont recall saying i was trying to use her as such, i was just stating everyone who was there at the time.. As for it being my choice im not quite sure what you are talking about, it was a mistake on my part yes i know that, but its not like i walked in there and said hmm let me spend $200 and then steal $75 more of crap.
And im not worried about a fine, im worried as to whether i might get jail time.

[BelizeBreeze]

Originally Posted by Needadvise356

I wasnt asking for advise if i could use my kid to get off and i dont recall saying i was trying to use her as such, i was just stating everyone who was there at the time.. As for it being my choice im not quite sure what you are talking about, it was a mistake on my part yes i know that, but its not like i walked in there and said hmm let me spend $200 and then steal $75 more of crap.
And im not worried about a fine, im worried as to whether i might get jail time.

You obviously can't read. Where did I say you were using your child to get out of the charges?

You are using your child as an excuse however.

Now, if you think my LEGAL advice is wrong, you are free to pay for your own attorney. Just add about $500 to the fines and civil penalties you'll be paying.

[Needadvise356]

Originally Posted by BelizeBreeze

You obviously can't read. Where did I say you were using your child to get out of the charges?

You are using your child as an excuse however.

Now, if you think my LEGAL advice is wrong, you are free to pay for your own attorney. Just add about $500 to the fines and civil penalties you'll be paying.

I am not saying you are wrong, just stating im not trying to use my kid as a excuse, that would be wrong and i would consider myself a bad parent to do so, i do take the blame for it all, there is no need to point it out, it not as if i am denying what happend.. Im just wanting to know if i could go to jail for a first offense. As for paying $500 for a lawyer well i would gladly pay that had any of the lawyer i called offered me that price.

I apologize if you feel my last comment was rude and/or offensive to you.

[panther10758]

Do you have any clue how many people Loss Preventions stops who claim they made a mistake over 90%! Does the Policeman not sight you because you made a mistake and drove over 35 miles above posted speed limit!? I have five kids and havent had this problem! Regardless you committed a theft its that simple. You will have your day in court and you will get a letter of Civil Demand from store. I suggest you find a criminal defense Attorney and consult with him/her for much needed legal advice including possible diversion which could keep a conviction off your record

[Kane]

Typically, the law requires proof that a you "knowingly or intentionally" committed a crime before you can be convicted. If you didn't steal knowingly or intentionally, you're not guilty. Talk to an attorney in your state. If you can't find one you can afford (try calling a few more - try calling some that don't have big ads in the yellow pages) ask for a public defender.

Even if you ultimately decide not to go to trial (for example, because you're afraid the jury won't believe you), you ought to do what it takes to try to get some sort of deferred disposition. Going into court and pleading guilty without a lawyer is probably a very bad decisions. There are some bitter old prosecutors out there who love taking their frustrations out on (literally) defenseless defendants.

Also, be careful about taking advice from random strangers on the internet.

[panther10758]

[quote=Kane;1555877

Also, be careful about taking advice from random strangers on the internet.[/QUOTE]

Does thsi include you? There is proof of theft you cant prove intent!

[Needadvise356]

thank you for the advise everyone, im fully aware it was my fault, ive never denied that, just scared of going to jail, any how Thanks again

[panther10758]

It is very unlikely you will get jail time over $75.00 theft. Consult an Attorney and see if you qualify for diversion.

[Kane]

Originally Posted by panther10758

Does thsi include you?

Yes.

There is proof of theft you cant prove intent!

It can be proven; it's up to the state to prove it. Very often they're successful.