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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was arrested while shopping at walmart. I have court tomor

Customer Question

I was arrested while shopping at walmart. I have court tomorrow and was told to call the DA to give actual details so I can understand if or if not a public defender can help or will it matter that the facts I have but California law here is not the same. Here is my truth.
I am here 10 months. My only time away from my 3 kids is late at night at Walmart. Never had one before. My friend left her husband and is visiting. She had mastectomy and we went so I could buy us a one piece to swim with my 12 year old in the lake. Neither of us were in the mood but promised to go. I ended up spending over an hour
Picking out bras for her to try on for her to feel better. I met a lady who was with 2 high school boys & she needed a bra badly as her leopard print moo moo with her 40 DD's motivated me. .I dress people for a living although hadn't set up my boutique which was the longest in years. I felt good and they both found a bra! Turned out her son
Had 2 classes with my oldest and I had him pick one out and bring it to her and he said he was glad she was trying them on. I gave him several dollars to get me a cold soda and I was unusually so physically tired but tried on a bra I Had never owned and that was too much straining to pull off my under tank off that I was happy to See how I loved the fit, knew I was buying it and kept it on as that is a common outcome as long as I could remember. I have gone to stores just to change rather than go home and our kids always do the same.

I was really tired and my new lady friend didn't have a dime to buy her bra so my friend look the bra to the cashier insisting she needed to not worry. I had already had some food in my cart and was hoping to quickly pick a basic suit and get off my feet. My friend came to me asking for $15 which was a lot as i only buy bras there and spend $6-$9 . I realized that I was the only one with money so I made my way to pay myself and say goodby to her. I handed the money to my friend and then she started taking the many bras out of the basket she didn't want since I actually got to pick and I noticed my personal bra wasn't there & asked her to run and get it from the dressing room. The cashier was helping us then so I addressed her as that is how I only would and while waiting for my bra I pulled my tank enough and said I am buying this bra but am so exhausted from the nonstop effort to please them that I was almost uncomfortable. I saw her look at the bra on me and I had the tag in my right hand and said here are the tags for her and my friend was back with my bra and put it up for the cashier to see and I put it in the front next to my purse. I remembered that I needed to check prices on the pay as you go phones and told them both I would be right back to check out.

I was at the phones for 5 minutes and .on my way back stopped at a sale item I hope to afford if I could find a smaller version other than 10x10 ft. I have decks and nothing on them but am always hopeful to be like all the neighbors. I Had decided at some point a tent would be perfect as they came in many sizes with divided rooms and I secretly wanted a tent so I grabbed the one I could afford and couldn't wait to set it up and see what the kids said. Just as I was taking my first step 2 policeman were there and were all about me with full intent to violate my entire sense of being a person who had more awareness than necessary so i am never unsure of the truth at any given time. I was at their mercy and they had no idea that they were no longer able to be objective, aware of me in any way, or expected to be sure that no matter how sure they were, to ignore who was in their control each time as I was so clear that I was being treated like a very bad person and I had not been told why. It became degrading and I was now aware I had no rights as if I were being raped. I was cuffed and handled as if I had a habit of being unlawful. I was told my rights and that I was arrested for shoplifting . I was so freaked out that no one ever talked to me let alone wanted to. I was shown a ripped up check that wasn't mine and asked if I had money to pay for the items In my basket.

I was yelled at and told to shut up. I was mad and so sure I had no chance of any normalcy. They told me that i had problems and was making things worse if I said anything. I have never thought about stealing nor would I lie now. I was the one to go straight to the front and reveal my purchase. If I was intending not to pay why would I have bought that lady a bra only to show I put one on along with mine in the cart so I could sneak out with a $5.99 dollar bra? I was in disbelief that they weren't at all concerned that I was not accustomed to being guilty based on a stranger combined with the south Carolina law but with no actual intent on my part. I spent two awful nights in jail cuz the phone was rejected by every I had numbers for. I didn't know many and I was furious that my kids should wake up to no mom.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

Can you please clarify/simplify what is your actual question that you'd like assistance with?
Customer: replied 4 years ago.
Based on me as I have given you all my thoughts & action from that night which shoplifting has never entered my mind but was arrested and treated as if they had been called to the store based on an eye witness such as the cashier I walked up to holding the tags out and showing the bra hey belonged to was on me and my bra was in the cart and then giving up any gap for suspicion by offering the exact destination and why to show
Expert:  JB Umphrey replied 4 years ago.
Please clarify/simplify what is your actual question that you'd like assistance with?

I appreciate the background information but I don't know what your actual question is.
Customer: replied 4 years ago.
Based on me as I have given you all my thoughts & action from that night which shoplifting has never entered my mind but was arrested and treated as if they had been called to the store based on an eye witness such as the cashier I walked up to holding the tags out and showing the bra hey belonged to was on me and my bra was in the cart and then giving up any gap for suspicion by offering the exact destination and why and to show accountability for my own way of being of integrity .

Am I guilty as they so easily just mocked my pleading for explanation to only have them tug at all my cloths and in my purse hoping that one of my items was I hiding. How am I supposed to be at court tomorrow? The law here is clear that the crime is not when you leave the store but any intent to conceal. I do not see how l was guilty of intent to conceal or how they didn't even have to have actual reason to believe I did. They just kept being very disrespectful in response to my telling them the truth. Do I have to say guilty or not tomorrow? This isn't logical help
Customer: replied 4 years ago.
Based on me as I have given you all my thoughts & action from that night which shoplifting has never entered my mind but was arrested and treated as if they had been called to the store based on an eye witness such as the cashier I walked up to holding the tags out and showing the bra hey belonged to was on me and my bra was in the cart and then giving up any gap for suspicion by offering the exact destination and why and to show accountability for my own way of being of integrity .
Am I guilty as they so easily just mocked my pleading for explanation to only have them tug at all my cloths and in my purse hoping that one of my items was I hiding. How am I supposed to be at court tomorrow? The law here is clear that the crime is not when you leave the store but any intent to conceal. I do not see how l was guilty of intent to conceal or how they didn't even have to have actual reason to believe I did. They just kept being very disrespectful in response to my telling them the truth. Do I have to say guilty or not tomorrow? This isn't logical help
Customer: replied 4 years ago.
I am asking if you are familiar with south Carolina laws regarding shoplifting was I guilty? I do not feel I am and if I do not find out if they were confused being they weren't there until I said and I had no intent to steal

How can I get an accurate idea as to how the DA will twist the truth. This is such a waste of my time so desperatley needed as I am having to move since my friend died on June 2nd. If I am to believe that just as the arrest and jail time it is all based on them doing whatever and I have no ability to be noticed or taken as a victim. I need to know how my objective telling to you allows me to not laugh as if the judge will also hear how none of what they could say has been with me involved. My side of this was out in the open as per being appropriate so nothing is misunderstood. Not once did I have any one need clarification as to my motives or response ton their obvious certainty to my guilt. I do not want to become frustrated as the judge sees my attempt to be truthful disrespectful.
Expert:  Joseph replied 4 years ago.

I'm a criminal defense attorney and I believe I may be able to provide assistance here. However, it looks like your question has been around awhile. Do you still need help?

 

Thank you!

Customer: replied 3 years ago.
No. I had a 2 day jury trial and won. It was ridiculous. Not one person I have come across has known you cannot eat stuff in the market and pay as you leave. Thanks

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