[decostar]

My son was caught shop lifting some video games from Walmart. Loss Prevention took him back and got the police on the phone. Loss Prevention gave a statement to the police, asked my son some questions and had my son a promise note to make payments which he is doing. He was not arrested. He was not advised of his Miranda rights. Today he got a subpoena in the mail to appear at an arraignment for theft in the third degree. I am confused. He wasn't arrested, he was not read his MR and offered a lawyer. What should I do?? Will he be offered a public defender at the arraignment??

[Clough]

Hi, decostar!

This is the really old thread of someone else. It now archived and not visible anymore on the list of currently active threads. Plus, this site doesn't work the same way that a chat room does. New questions need to be asked by starting new threads.

If you would like your question to be noticed the most, then I would suggest that you start a new thread.

Thanks!

[decostar]

Dear Clough, that was not my question. No sure why mind didn't post but I will post MY QUESTION again. ")

[decostar]

My son was caught shop lifting some video games from Walmart. Loss Prevention took him back and got the police on the phone. Loss Prevention gave a statement to the police, asked my son some questions and had my son a promise note to make payments which he is doing. He was not arrested. He was not advised of his Miranda rights. Today he got a subpoena in the mail to appear at an arraignment for theft in the third degree. I am confused. He wasn't arrested, he was not read his MR and offered a lawyer. What should I do?? Will he be offered a public defender at the arraignment??

[Clough]

I can see where you have now posted a question by starting a new thread, decostar.

Thanks!

[Fr_Chuck]

You are watching way too much TV. Most criminals are caught, arrested and convicted and never read their "rights" Rights have to do with questioning when a suspect under police custody.

There are no rights when held by security people. They have no obligation or requirement to give any rights.

The notice he got now, is for a first appearance, at that, the state will prove enough evidence to hold him for court ( or he may plead guilty)

At best the only thing he could argue was any statement he made after the police were on the phone, or if the police asked him questions on the phone. Those answers can or could maybe be thrown out.

All evidence, witness of his theft, statements of the loss prevention that they saw him steal, and any statement he made to Loss prevention prior to the police being envolved can all still be used.

[decostar]

Oh, good!

[decostar]

They will put him in jail on the day of his arraignment until court? All this for two video games, sucks! He will get a public defender on that day as well?

[decostar]

How can he charged with a crime if the police didn't arrest him on that day?? Walmart told him nothing more would happen because the police were too busy to come down and arrest him.

[excon]

had my son a promise note to make payments which he is doing.

Hello d:

I don't know where you got that he's going to be arrested at his arraignment... The Padre didn't say that. He's NOT going to jail for this.

I wouldn't make any payments either... Why would he? I'm sure they got their video games back. I'd tell them to pound sand. If they sued him in civil court, they'd LOSE. He owes 'em NOTHING.

excon

[decostar]

Dear Clough, will they put him in jail on the day of his arraignment until court? All this for two video games, sucks! He will get a public defender on that day as well? How can he charged with a crime if the police didn't arrest him on that day?? Walmart told him nothing more would happen because the police were too busy to come down and arrest him.

[Curlyben]

>Multiple Threads & Posts merged<

[decostar]

Should he just plead quilty at the arraignment? Can we change the arraignment date? We are flying to RI 1 through 8 July, booked back in March.

[twinkiedooter]

Do you have an attorney? If you do have an attorney the attorney can file paperwork which enters your not guilty plea which would mean that you don't have to appear at the arraignment. If you do not have an attorney you must show up period. Just having booked a flight back in March might not mean anything to the Judge and he won't change the date. Anyway, why have you waited this long to even bring this up? If you had asked as soon as you knew the arraignment date you just might have gotten it changed. But now, I'm not too sure you are able to get it changed.

[JudyKayTee]

Again - another new thread instead of a reply on the other threads. If he pleads guilty he will be found guilty - all other rights to trial, facing his accusors, all of that go down the tubes. It's over. You need an Attorney because you obviously don't understand how the system works.

Also - you are upset because he was charged with "only" stealing two video games? I trust you have spoken to him and his stealing days are over - ?

[decostar]

Again - another new thread instead of a reply on the other threads. If he pleads guilty he will be found guilty - all other rights to trial, facing his accusors, all of that go down the tubes. It's over. You need an Attorney because you obviously don't understand how the system works.

Also - you are upset because he was charged with "only" stealing two video games? I trust you have spoken to him and his stealing days are over - ?

How do I response without starting a new thread? A. He is 25 and I just found out that this incident happened in back in May 2010. B. I am upset because he is could be so much more. C. We just got the subpoena in the mail yesterday. He cannot afford a lwayer, he is unemployment and has a 1 year old who is on welfare and WIC.

[decostar]

How do I response without starting a new thread?? A. He is 25 and I just found out that this incident happened in back in May 2010. B. I am upset because he is could be so much more. C. We just got the subpoena in the mail yesterday. He cannot afford a lwayer, he is unemployment and has a 1 year old who is on welfare and WIC.

OK so I just figured how to respond... cool.

[decostar]

Do you have an attorney? If you do have an attorney the attorney can file paperwork which enters your not guilty plea which would mean that you don't have to appear at the arraignment. If you do not have an attorney you must show up period. Just having booked a flight back in March might not mean anything to the Judge and he won't change the date. Anyway, why have you waited this long to even bring this up? If you had asked as soon as you knew the arraignment date you just might have gotten it changed. But now, I'm not too sure you are able to get it changed.

We just received the subpoena yesterday in mail.

[decostar]

you are watching way to much TV. Most criminals are caught, arrested and convicted and never read thier "rights" Rights have to do with questioning when a suspect under police custody.

There are no rights when held by security people. They have no obligation or requirement to give any rights.

The notice he got now, is for a first appearance, at that, the state will prove enough evidence to hold him for court ( or he may plead guilty)

At best the only thing he could argue was any statement he made after the police were on the phone, or if the police asked him questions on the phone. Those answers can or could maybe be thrown out.

All evidence, witness of his theft, statements of the loss prevention that they saw him steal, and any statement he made to Loss prevention prior to the police being envolved can all still be used.

Should he just plead Guilty? They caught him red-handed. Shouldn't he just show to the arraignment? And why is he paying Walmart if they got the items back anyway? He never made it out of the store.

[JudyKayTee]

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?