shoplifting second offense...

[Sweetie80]

What is the name of your state (only U.S. law)? louisiana

I know what I did was wrong and I am ashamed of myself. I was caught stealing 10.00 worth of merchandise from a grocery store on march 2nd of this year...i was not arrested...i went to the court date...i was put on unsupervised probation for a year...that court date was on april 14th...

well...here is where it gets messy.....i was arrested march 20th for shoplifting again...well i was given a ticket to appear in court. My court date is july 2nd for that one which is in a different parish in the state. My best friend died in a car accident that day and I am not using that as an excuse...I just did not give a care in the world when I commited the crime....

I am on probation now and I have stayed out of trouble...will the fact I am on probation effect my case? Even though I was not put on probation till after the second crime was commited? What punishment am I looking at possibly? I am chronically ill and jail would not be good for me at all. I know I did a crime. I am quite ashamed I did it. I am on ssi....if they give you a fine, do you have to pay it right away? Thank you...would it be easier if I just plead guilty right away and got it over with when my arraignment is july 2nd? thnx....

[SIN EATER]

If you weren't sentenced on crime #1 at the time you committed crime #2, then it's not a probation violation.

It is an offense committed while out on bail/o.r.

If you're sentenced on #2 after your sentence on #1, then your jurisdiction may be able to enhance the punishment.

In many circumstances where different courts are involved, #2 court may be unaware of the proceedings in #1 court.

[Sweetie80]

ty for the response....is it better just to plead guilty at arraignment or take it to trial????? I am just very scared....I have never been in trouble before this in my life....I know there is no excuse for it....

[SIN EATER]

Originally Posted by Sweetie80

ty for the response....is it better just to plead guilty at arraignment or take it to trial????? I am just very scared....I have never been in trouble before this in my life....I know there is no excuse for it....

Can the state prove, beyond a reasonable doubt, that you committed the second theft ?? Was there CCTV of the theft ? an eye-witness ? locate the unpaid mdse on your person ? statements admitting guilt on your part ??

If they can't prove the case, take it to trial. If they can, plead out.

Depending on the offered sentence, it may be better to plead guilty on a first appearance, so they don't have time to realize there are two crimes (assuming they don't know yet). A Prosecutor preparing for trial will probably spot the second offense.
You may beat the enhancement that way, but if you commit a third theft in the future, you're probably looking at a felony.