First time offense in WI (retail theft)?

[gustav]

I know that what I did was wrong, I feel really bad about it, so please don't lecture me.

I was caught at a big chain store for about $75 worth of product. I am 19 years old and this is the first time that I have ever done anything like this. I have a clean record, no traffic violations or anything etc. When I was caught, the Loss Prevention lady stopped me at the door by slamming my cart into my stomach. I am pregnant ( I was about 7 weeks pregnant at the time). I was not running or anything. She also yelled really loud in front of everyone and humiliated me in front of everyone. I do not think that any of this was necessary. Then when we got to the office, she asked me to remove the items from my bag. I said that I didn't have to because of my Constitutional rights. She replied with, "I know what your rights are and I know how to get around them." When they called the police, they said that I was being uncooperative. I wasn't trying to be like that at all. I just didn't feel like it was her right to search through my personal belongs. When the cop got there he asked if he could look through my bag to make sure that I didn't have any weapons. He also told me that if I didn't remove the items from my bag, that he would cuff me and take me down to the station, wait for the security footage, and then the same thing would happen. I decided that it was all a waste of time and I told him he could search my bag for weapons. He then obviously found the products. I was issued a citation and I have the option to appear in court. I KNOW that I am guilty. But how do I plea so that I can try to get it taken off my record? I am a good person. I have spent numerous hours, volunteering my time to charities, hospitals etc, I am also part of several respectable organizations, and I am a straight A student. Will any of those things help me? If I plea guilty, will the judge still listen to me? Or is it an automatic thing: fine and permanent record? What do I need to plea so that he will listen to me? I am willing to do community service, take classes, etc. I just don't want it on my record. As I said, I am pregnant. I was just starting a new life with my husband. And now I just really messed up. I just need a second chance. But how am I to do that if I can't get a job because of my "criminal background??" All of this is stressing me out big time. And I am already a high risk pregnancy. I really don't need this....Ugh! I feel so stupid for doing this!

Also, I received a letter from some law firm in New York. They said that I have to pay them $200. They apparently called my mom's house (which I haven't lived at in about 6 months), and they also referred to me on the message machine by my maiden name. When the cop took my information, he got MY cell phone number, MY address, MY new name etc. So then I called the company and they didn't even have the right address on file. They knew that I shoplifted from this particular store though, and they knew the date. But they got all of their stuff back, and it was $75 worth of stuff- not $200!? Is this a scam, or legit?

[vaiveatoish]

This is a question for your lawyer. If they feel the search was unlawful, then any evidence they found when searching you is inadmissible, which could mean you'd get off. Unless there is security footage (that could have been a lie to get you to allow the search, cops are allowed to lie), if there's clear footage that in itself is pretty damning evidence.

The search sound lawful since you did eventually agree to it, and you were not coerced by unlawful means. It sounds like you'll be pleading guilty on this one.

That said your circumstances put you in a position for some leniency. The fact that it was your first offense, that you're a good student, upstanding citizen, volunteer, the fact that you just had a baby (we can argue this is a life change and under your new circumstances you would no longer commit the crime). If you are convicted you will have a record but you can go about getting it expunged. Here's a quick google result for expunging a record in WI:
http://www.wicourts.gov/forms1/circuit/ccform.jsp?FormNumber=CR-266

But again, that's a question for your lawyer. You do usually have to pay some money to get the record expunged. The NY letter does sound scammy to me, since you haven't actually been convicted yet.

If you plan on pleading not guilty, then get a good (more expensive) lawyer. If you plan on pleading guilty (which based on this info it sound like you should), then it's sometimes best to go with a (cheap or usually free) Public Defender who will be on more friendly terms the judge and prosecutor and be able to genuinely plea for leniency.