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  1. #1
    tracerbullet724 is offline Junior Member
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    Petty Theft. Was I arrested?

    Recently I made a stupid mistake and took about $7.50 worth of stuff from WalMart. They caught me and I cooperated. Then they brought in a cop, he didn't read me rights. Instead he made me walk out in cuffs and gave me a summons to appear in court. Was I arrested? Or just issued a citation?

    Also, I was arrested last year for burglary (a crime I did NOT commit) but my lawyer suggested I take a deal to two counts of trespass. So I plead guilty and received no fine or anything like that. My question is, can the judge consider my arrest for burglary when considering my petty theft or can he only go by the convictions I plead to? Burglary is a pretty serious crime but seeing that I wasn't tried for it or convicted does the judge base his decisions only on convictions or can he take the actual reason I was arrested into account? The crime was trumped up and they had no evidence I stole anything other than someone saying I was on the property because I did not take anything but for some reason the police claimed I took something.

    I really don't want to go to jail for less than $8 worth of stuff. What should I be looking for with my lawyer? Probation? Classes? Who knows...he guarantees me I won't serve time but I'm really worried that the burglary arrest will make them think I'm habitual...which is not true.

    Thanks
  2. #2
    cyjeff is offline Senior Member
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    Quote Originally Posted by tracerbullet724 View Post
    Recently I made a stupid mistake and took about $7.50 worth of stuff from WalMart. They caught me and I cooperated. Then they brought in a cop, he didn't read me rights. Instead he made me walk out in cuffs and gave me a summons to appear in court. Was I arrested? Or just issued a citation?
    Both. You were arrested and issued a citation. You don't have to go downtown in the back of a patrol car to be arrested.

    Also, I was arrested last year for burglary (a crime I did NOT commit) but my lawyer suggested I take a deal to two counts of trespass. So I plead guilty and received no fine or anything like that. My question is, can the judge consider my arrest for burglary when considering my petty theft or can he only go by the convictions I plead to?
    The judge will have the option to look at your entire criminal record.

    Burglary is a pretty serious crime but seeing that I wasn't tried for it or convicted does the judge base his decisions only on convictions or can he take the actual reason I was arrested into account? The crime was trumped up and they had no evidence I stole anything other than someone saying I was on the property because I did not take anything but for some reason the police claimed I took something.
    Okay.

    I really don't want to go to jail for less than $8 worth of stuff. What should I be looking for with my lawyer? Probation? Classes? Who knows...he guarantees me I won't serve time but I'm really worried that the burglary arrest will make them think I'm habitual...which is not true.
    Listen to your attorney.
  3. #3
    tracerbullet724 is offline Junior Member
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    That doesn't make sense...that you can be judged on something you weren't found guilty of. That essentially means that if you're arrested, you're already guilty of the crime. Why have judges and juries then?
  4. #4
    cyjeff is offline Senior Member
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    Quote Originally Posted by tracerbullet724 View Post
    That doesn't make sense...that you can be judged on something you weren't found guilty of. That essentially means that if you're arrested, you're already guilty of the crime. Why have judges and juries then?
    I said the judge would have access to your criminal record.

    The judge will be able to see the original charge and what you plead down to.
  5. #5
    swalsh411 is offline Senior Member
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    Quote Originally Posted by tracerbullet724 View Post
    That doesn't make sense...that you can be judged on something you weren't found guilty of. That essentially means that if you're arrested, you're already guilty of the crime. Why have judges and juries then?
    Hardly. Remember, you agreed to the plea bargain. You admitted you were guilty of the charges. You could have said no to the deal and had your day in court.

    And this "it's only $8" crap won't fly. Stealing is stealing. Also, expect a civil demand from Walmart of at least $200.

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