[decostar]

He asks for court appointed counsel. I thought he was going on vacation with you; apparently he is not. You don't have to be at his arraignment.

Was he stealing video games to sell them to assist his child?

I booked tickets to take him and his son to see his 93 year old Nana. It is important for her to see him before she dies and we think it will be sometime this year. Can we call the court clerk on Monday and ask for his public defender now so we can beg for a new arraignment date? We are home on 8 July 2010. We only need a few days. This sucks.

[JudyKayTee]

I personally think it's too late but you don't know until you try. Walmart doesn't fool around so I believe I would go to the Clerk's office in person (he would be the one to go). Walmart may very well not care if he is nconvenienced. If he had been stealing diapers, something for the baby, I can see more sympathy (although, as I said, Walmart doesn't fool around).

[decostar]

I personally think it's too late but you don't know until you try. Walmart doesn't fool around so I believe I would go to the Clerk's office in person (he would be the one to go). Walmart may very well not care if he is nconvenienced. If he had been stealing diapers, something for the baby, I can see more sympathy (although, as I said, Walmart doesn't fool around).

The night it happened Walmart said the police were not coming and he just needed to pay restitution (even though they got their merchandise back).
Why did he pay if they got their stuff back anyway? I guess they filed a complaint later on without telling Ron? Ron paid them and now we suddenly get this two months later. We will go to the court house Monday morning. Thanks.

[JudyKayTee]

Not the least bit unusual - and this argument is posted on the Board all the time - for the store to demand restitution for the time/effort they put into the shoplifting arrest. They had no obligation to tell your son that he would eventually be charged.

Let us know how it works out tomorrow, okay?

[decostar]

I hope this shakes him up so badly that he gets his life on track. I will let you know what happens. ")

[Fr_Chuck]

On misdemeanors ( minor theft is one) they don't have to arrest you the day it happens, and in many places may not ( some they merely issue a ticket ( which is a summons to appear in court)

But they have in some states from 6 months to one year to actually file charges after you do a crime.

So at the first hearing, what happens, the charges are read, and he is asked to plead. *** in some states the DA will have to present enough evidence, but not all, just to prove they have enough evidence to proceed to trial.

At this point, he may ask for a court appointed attorney, each state differs on it, and not everyone is always given an attorney, some of the things they look at.
1. is there a bail and did they pay bail, in GA for example if you have the money to make bail, the state will argue that you have enough money to pay an attorney.
2. Also if it is done as a city citation, not a misdemeanor, an attorney is not given.
Also there are income guidelines and other rules to be given an attorney.

Also they do not always ask you if you want one, you have to ask them. The Miranda has been weakened dozens of times and there is not a absolute right to an attorney, the courts can set up guidelines.

The complaint was done if they called the police when he was there, and the police were on the phone. That would have started it, or the LP department filed it with the DA latter.

The money the store asks for, covers, not really the stolen item, if they get it back, but management time, the LP officers time, the time they lose going and testifying in court and other costs that "all" thefts cost the store.

If he is not on probation, and if he does not have a record, then he will get at worst a fine and probation.

Beyond that, he may get a first offender program, so after probation the record of this is sealed

[decostar]

Good stuff. He went down this morning and is asking for a public defender so he can find some answers. It is a first time offense. He has already paid restitution to the store as well. He was told he would know if DA is filing offense within 30 days... we waited two months and nothing.
So we booked tixs to RI as his dad called and said his Gma is 94 now and this could be her last year. So 1-8 July 2010 we are in RI. Bad thing is his subpoena which just came on Saturday said arraignment is 6 Jul 10. He is finding out about moving that date 3 days or what will happen if he misses that date. Court clerk told him the latest they accept due to family emergency is 48 hours and that he must be at court NLT 5 pm on 8 July 10. We don't land until 11:00 pm that night. So he is asking what happens when he misses the arraignment and reports on the 9th. He is willing to sit in jail for his dying Grandma, she helped raise him and he means everything to her. All this for two stupid video games. :(

[excon]

So he is asking what happens when he misses the arraignment and reports on the 9th. He is willing to sit in jail for his dying Grandma

Hello again, d:

Restitution is when someone is paid BACK. Wal Mart is ahead on the deal. I'd SUE them.

You/he says he's willing to sit in jail, but that's cheap talk. Neither YOU nor HE knows what he's talking about. You've been in jail, yourself, have you?? Unless you have, I wouldn't be so cavalier with HIS freedom.

excon

[JudyKayTee]

As far as restitution and suing Walmart, my buddy Excon and I have danced this dance before. Demanding resitution even when the merchandise has been returned is not against the Law, it's a common practice, I've seen Courts ORDER it - plus fines, plus whatever else strikes the Court's fancy. I see no grounds to sue Walmart. In fact, I see paying this restitution to be in your son's favor - he needs (and hopefully is) to be repentant and paying Walmart back for its time and trouble is part of that.

Again, I know Excon doesn't agree and I agree that store security was getting paid whether they were sitting there or stopping your son but they also have to fill out papers for the Police, appear in Court - and they're hoping to get some of that money back AND make an impression on the shoplifter.

In my area - and I don't know how far you are from the Airport - if you are scheduled for an 8PM appearance you will be sitting in the Courtroom (very possibly growing moss, as I like to say) at 11PM - can he make it to Court while it is still in session?

If he does not appear there is a very good possibility a warrant will be issued for his arrest and he COULD be arrested when he does appear, even if it's first thing the next morning. I'd think of other possibilities.

I realize you are doing a lot of arranging and re-arranging. I trust his life is also disrupted and he's learned something - keeping my fingers crossed.

Has he talked to the Public Defender? If it's a heavy Court night the PD can request that your son's appearance be at the very end, buying him some time.

I agree with the video games thing - whatever was he thinking? I'm sure he doesn't even know.

Keep us informed.

(With apologies to Excon for this rather public disagreement... but we've been down this road before.)

[decostar]

Dear JudyKayTree

You are correct on all accounts. Restitution is for time and energy spent on processing shop lifters even when they get the "merchandise" back.
He went to the court clerk today. He is going to miss his arraignment but surrender on the 9th of July. A misdemeanor arraignment defendant gets 48 hours after the original date before they begin the process for a warrant. The court clerk said they don't issue warrants for misdemeanors as quickly as they would for a felony so she is aware he will be there first thing on 9 July 2010. His last name starts with W so by the time a clerk got to his name on the 9th, he will have already surrendered. He has paid all restitution and this is his first time offense ever. He asked for a public defender today but she said to just do it again when he surrenders on 9 July 2010. He was nervous and scared most of the day and even apologized to me for causing so much trouble which he hasn't done in years so it must have really rattled him. God works in mysterious ways and I think this is just the scare that will turn him around. So we leave in three days and hope no funerals are needed while we are on the east coast.

[JudyKayTee]

Wow - this info will be most helpful to someone else down the road.

Glad this made an impression on him - sometimes a good scare is all it takes.

Be safe on your trip.