Wisconsin - 3 charges

[jayeggs]

Brown County, Wisconsin (resident of Ohio)

Here is the 'long story short version' of the story. I hope somebody can help!

On Feb 23rd I was arrested in Brown County, Wisconsin.
I took some of my friends prescription pills (twice) without her knowing. She caught me and I agreed to stay and wait for the police to come.

When I was arrested I had possession of 3 loose pills in the bottom of my purse. All these pills were left over from prescriptions I have had in the past but do not currently have a prescription for.

Charges
Count 1: Misdemeanor Theft
Count 2: Misdemeanor Theft
Count 3: Possession of non-narcotic controlled substance

When I was arrested the police confiscated $680 cash that was in my purse. I had taken the money as a cash advance from my credit card because I was going to buy a puppy the next day. I do have a receipt that shows my withdraw of $800 a day before.

I was denied a court appointed defender because I own a car. I cannot afford to hire a lawyer so I will represent myself.

I was released on a signature bond and allowed to return to Ohio.

I have to appear on 03-25-09 for the initial appearance.

I have no past record and therefore not much knowledge of how this will work.

1a) Will I make a plea at the initial appearance?
1b) I have heard people say I should plea guilty and some say plea no contest. What is the difference? Does it really matter?
1c) If I plead guilty/no contest will this end it all? Meaning - I will get my punishment this day?

2) Do I have any chance at getting my $680 back?

3) If I get probation as a punishment can it be transferred to Ohio?

4) Can you offer a comparison as to the probably punishment? I'm not even sure if I am just looking at fines, probation or even jail time???



Since this incident I have come to realize that I have an addiction to pills. As soon as I got back to Ohio I joined the NA organization and have been going to meeting 3-4 times a week. I have been clean ever since!!!

 

[lifeandthelaw]

First, I must comment on your decision to go with a pro-se defense. A good lawyer can be affordable, and if you have $680 to spend on a purebred puppy from a pet store, you have the means by which to make payment arrangements for a local attorney who might be able to negotiate a deal to keep you out of jail.

At the initial hearing, you will be asked to enter a plea. There are four types of pleas: (a) not guilty (exactly as it sounds); (b) guilty (admits to your ciminal intent and actions); (c) no contest (admits that the facts of the indictment are correct, and that if indeed those facts describe a criminal act, then you are guilty of that crime); and (d) not guilty by reason of insanity (exactly as it sounds).

Why would you plead no contest? Because you are not admitting guilty intent, and therefore that charge cannot be used against in you in any subsequent criminal or civil suit. This plea is the best option if available; if you do accept any type of plea agreement from the prosecutor's office, they will most often demand a guilty plea in exchange to protect a victim's right to restitution and society's right to hold you accountable if you should commit any further crimes.

Will you be punished on that day? It entirely depends on the jurisdiction. In courts where I practice, a first-time offender is often forced to submit to a presentence investigation by the Adult Probation Authority. This interview/evaluation allows the defendant an opportunity to tell their side of the story, accept responsibility and explain to the APD/presiding judge precisely why they would be a great candidate for probation and a low-risk for reoffense. You want this if offered; accept it if granted and utilize this opportunity to paint the best possible picture (within the bounds of the truth of course) for the judge who will ultimately be making a sentencing decision. This will delay sentencing ~ in my jurisdiction, it automatically results in a six-week delay between plea of guilty/no contest and sentencing. Although this will mean at least one more trip back to WI for you, it is absolutely in your best interest.

About the money ~ the State must make a motion seeking forfeiture of the money if they are seeking to keep it. In this case, you have the option to enter a plea and demand a hearing regarding the forfeiture. At that hearing, the State will have to prove by a preponderance of the evidence (which I must tell you is a really low standard of proof making it fairly easy to meet) that the money was obtained in an illegal manner and/or destined for illegal use. There are two ways to view this: this may be a great opportunity to pay restitution upfront and show your sincerity to cooperation with potential punishment (if the State and/or victim is seeking any type of monetary restituion for the stolen prescriptions) or you could quite simply attempt to prove that you had the intent to purchase the dog and that is why you withdrew the money from your personal account (a purchase agreement or receipt if indeed you went through with the purchase even at a later date; witnesses who knew about the puppy, your bank receipt showing the withdrawal, evidence of recent purchases of dog care necessities, ect).

If given probation, it may be transferred to Ohio. I know the judges in my jurisdiction hesistate to place an out-of-state defendant on probation for this very reason: their probation department will be forced to do extra work in communicating with your local probation department, and if you choose to violate probation, hauling your hindquarters back across state lines is a bit more challenging and resource-consuming (don't get me wrong, I see it done at least twice a month, but I can guarantee jail time awaits you when you are in front of your judge again). If you want to make a good case for this form of punishment, offer to do the legwork of contacting the appropriate probation department in your local jurisdiction and seeking their willingness to cooperate (perhaps completing an evaluation for them as well); the easier you make this, the more the judge will consider the option.

You ask for possible punishments. In my practice, I have only ever seen defendants with counsel; usually first time offenders can be admitted to a first-time offender's program which contains probation, counseling, restitution and a conditional discharge of the actual underlying charges (depending on their nature and the defendant having no subsequent arrests). Sometimes, they are given probation for a period of two-three years, again with the condition they stay out of trouble and abide by the rules of the probation department with the understanding that a violation of those rules will lead to an immediate prison sentence. And yes, sometimes, first-time offenders go to jail. It depends entirely on the circumstances at hand. Get a local criminal defense attorney in Wisconsin and put all of the odds in your favor.

 

[jayeggs]

Thank you for your response.

The money for the dog was actually a gift for my birthday. My father paid off my credit card and then had me use the card to buy the puppy. There is no way I could afford the puppy myself.

I would much rather face this with a lawyer but I cannot afford to pay the $1000 (cheapest I could find) retainer. I have talked with multiple offices and all need a large fee upfront that I cannot pay.

I think I will plea no contest.


Should I be contacting the local probation office before I go to court?

At what point do I ask about the money?
Who should I ask? The judge? The prosecutor?

 

[lifeandthelaw]

You should definitely contact the prosecutor's office; speak to the prosecutor assigned to your case and see what they are seeking (are they looking for forfeiture? Is there a first time offender's program? What kind of punishment will they be asking for?).

I would hold off with contacting your local probation department until after sentencing. When you talk to the prosecutor, make the offer to them. They will be making a sentencing recommendation, and if they find you cooperative, it will go a long way with the judge.