mercredi 1 juin 2016

Retail Fraud / Shoplifting: Caught Shoplifting Walmart(Petty Theft), Prior Felony Expunged Years Ago

My question involves criminal law for the state of: OHIO

First of all a little background...almost 4 years ago I lost my job of 10 years for stealing money at a retail store ("returning" items for cash). At the time I was desperate, wanting to help my older sister financially through a domestic incident and a divorce. I know, there is NO excuse. I to this day beat myself up over my ignorance. I was caught by LP (10 years of hard work and was a model employee --until this of course-- down the drain) Cops were called cuz it was over $1000, wasn't arrested but a couple months later got my subpoena for my charges, was 5th degree felony theft if I remember right. First offence, had a public defender, he was nice. Got me on the first time offender diversion program, had to pay the restitution, court costs, $25 for public defender (filled out hardship form I had no money for a lawyer) and judge was nice too. Had 40 hrs community service, completed. Also had probation for one year with monthly visits to probation officer, also a nice man, and wrote a sincere apology to the company. After probation ended, my last court date the judge said my record will be expunged. It was. I vowed to be a better person and was for a long while. Lost my job, almost ruined my marriage, my son, my family, everything....

Fast forward to now...

I have money, currently not working, hubby takes care of me and our 3 kids (blended family), he has a good job with good pay. I repay him by changing price tags on a couple clearance shirts to save some money ( not much). By this time they were already on to me. I checked out (Walmart self checkout) and rang 2 items as 1 item twice. (So stupid). Paid my bill and went to leave. Was stopped at the door, LP introduced himself, also a polite man explaining the situation. I was so embarrassed, I told the truth, he said he appreciated my honesty, checked my background and said I was telling the truth. (No sign of past indiscretions), judge before told me I didn't have to tell anyone about what I did. Anyhow, they went through my cart, I paid for almost all my items, but they found the few I did not. (I'm yelling at myself internally at this point for being so stupid, I HAD the money to just buy it!!!) He said it was too much for him to just let me go with a warning so called police. They arrived, they were respectful as was I, telling the truth. Even let female cop check my purse to make sure I wasn't hiding anything. She asked me if I had money on me, and I showed her I did and counted it to write on the paper they gave me. She was nice. She wrote me a summons to appear at municipal court next Thursday. My heart is about to explode I know the judge will see my expunged record. I have kids, I feel so ashamed of myself, don't even know why I did it. Momentary stupidity I suppose. What can I expect? Back of my summons says "If you wish to plead guilty to the offence charged against you, and desire to dispose of your case without appearing in court, you may do so by appearing in court within _____"blank" hours of receiving this notice signing the waiver printed below and paying the prescribed fine set by the court for the offence. (Front of summons says ORC 2913.02.) They didn't tell me the amount but the bill I paid was over $130 and stupidly tried to not scan maybe $30-$50) worth of shirts and stupid crap. Ugh. I have been crying and upset with myself all day, I don't want sympathy I did this to myself, my own fault. Just so worried that expunged felony from years ago is gonna haunt me. Any advice? Please don't tell me I'm stupid I already know this. No job, just a housewife taking care of kids and I'm ignorant because I HAD the money to pay for it all! It's like the devil said in my ear "c'Mon, try it"... please help, hopefully someone has some good news or even good info to help me out. I'm sure I need to call public defender soon? I had money for the items but I'm not rich for the ability to get a great lawyer. Thanks for reading all of this, sorry it's so long...this is the LAST thing I want my only son finding out about and thinking its OK, he will be so ashamed of me. :(


Retail Fraud / Shoplifting: Caught Shoplifting Walmart(Petty Theft), Prior Felony Expunged Years Ago

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