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ON 2/24/12 in huntington in at walmart i was charged with…

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ON 2/24/12 in huntington in...
ON 2/24/12
in huntington in at walmart i was charged with conversion. im 37 LPN and never been in trouble with the law befor. this week has been a bad week for me. my husband and i split up after 18 yr. i had not had sleep in 4 days had been taking lexapro , vic , and amben that day and only slept about 2hr. befor going to walmart according to the report. i personal do not rember most of the day. this is not the frist time i have tacken amben and done things the i can't rember i would usually have had my husband keep the key so i could live if i got up after on a couple hr. of sleep. Im the sole provider for my family including my husband. the arresting officer told me to call and ask for the deferral program. yet when i called i was told that they do not do a deferrl program for conversion. what sould i do? what sould i expect my fins and punishment to be? sould i try to fight it?
Submitted: 6 years ago.Category: Criminal Law
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2/27/2012
Criminal Lawyer: ScottyMacEsq, Lawyer replied 6 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What was the value of the merchandise at issue?

JACUSTOMER-amuda9vi- :

i was not told hat

ScottyMacEsq :

What is the merchandise that you are accused of taking / attempting to take?

JACUSTOMER-amuda9vi- :

changing prices on 3 sweaters. a bag of chicken

JACUSTOMER-amuda9vi- :

oops

ScottyMacEsq :

Criminal conversion, generally, is a Class A misdemeanor punishable by up to 1 year in jail and fines reaching $5,000. If the conversion involved converting someone’s vehicle in order to use it in a crime, the charge can be elevated to either a Class D or Class C felony depending on the circumstances. This more serious conversion charge could carry as much as 8 years in prison. Ref: IC 35-43-4-3

ScottyMacEsq :
Class A misdemeanor
Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124.
ScottyMacEsq :

Suspension; probation
Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user's fee that exceeds fifty percent (50%) of the maximum probation user's fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.123; P.L.5-1988, SEC.210; P.L.135-1993, SEC.9; P.L.90-2001, SEC.1; P.L.1-2002, SEC.152.

ScottyMacEsq :

So while it might not be a deferral situation, you still might be able to get probation. That being said, you need to think about your license. The main issue for you is to protect your license, and because of that I would suggest going into this with an attorney. That being said, you need to contact an attorney in your area that deals with criminal cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

It'

ScottyMacEsq :

It's possible that this could impact your license and the ability to retain it. That's why you want to do what you can to make sure that this doesn't stick.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

JACUSTOMER-amuda9vi- :

this is what i have found out i was using the u-scan it froze up 1/2 way in my order and i was ask to start over. at that time i had stuff in my cart that was in bag and stuff that was not the walmart helper had told me to start over. iwas told that there were items the scand and did not ring up and items that i did scan at all in the bottom of my cart. there were 3 sweter i changed the prices on

JACUSTOMER-amuda9vi- :

by the way the officer mad it sound it was like $100-$200

ScottyMacEsq :

Understood. But it's the prosecution's duty to prove the case against you, not yours to prove your innocence. So if they don't have any witnesses or video that shows you doing this, or a confession that you did (and even then, you can say it was under the influence of the prescription drugs), then they don't have a case against you. But you will need to fight it, rather than taking it lightly.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

ScottyMacEsq :

Did you have any other questions before you click "accept"?

JACUSTOMER-amuda9vi- :

but by the looks of it i dont have the money that it takes to fight it. walmart aganst little me .

ScottyMacEsq :

Actually it's the government vs you. If you don't have the money to get a lawyer, see if you can get a court appointed attorney. Even without a lawyer, you can still fight it. I would recommend checking out some books from the library on representing yourself in court if you go that route.

ScottyMacEsq :

If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!

ScottyMacEsq :

Did you have any other questions before you click "accept"?

ScottyMacEsq :

Should I continue to await your response, or can I assist other customers that are waiting?

ScottyMacEsq :

I believe I have answered your questions. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept".

ScottyMacEsq :

If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!

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