Legal Question in Criminal Law in California

I am a 37 year old female from long beach, ca. About 3 years ago I walked into a Wal-Mart with several items to return (face lotions & hair products). When I walked into the store, an older lady possibly in her 70s, attached green stickers to all of the items and told me to get whatever I needed to return and then take it to the customer service counter. I simply placed the items back in my purse and walked to the cosmetics section. Next I checked to see if the correct products were available however they were not. While browsing the products, I took out some of the products I brought in for comparison. After this I simply walked to the customer service counter as I was told to do and returned the items. I received a gift card because I did not have my receipt with me.

Okay, this is where my story takes a HORRIBLE turn! After receiving the gift card, I walked over to the Verizon counter and checked out phones as well as other various items but my browsing was quickly stopped by two members of WalMart security staff. They made me follow them to the office and showed me a video of me taking the items I had brought into the store out of my purse and then putting them back in my purse. Well, I thought, "okay, well this will be cleared up quickly and chuckled inside at the fact the two of them thought I had stolen the items" but it ended up no laughing matter. As I told my story I was accused of lying and one of the guards actually said that WalMart did not use "green stickers" for return items. I begged them to review the tape of me walking in the door and also to just go up to the front of the store and talk to the older lady however they would not do either! They called the cops and I was given a Petty Theft ticket.

I left that day shocked, upset, and confused as to how or why this happened. I had NEVER stolen anything, NEVER been arrested other than for a DUI which was dropped to a Wet Reckless so if you can imagine I was hysterical! I had a great sales job and at the time was making 100k a year. I thought to myself this will get cleared up in court once i supeona the video tape from the door so I calmed down.

Well, I had a family emergency across country and missed court! After getting home, I was pulled over for a traffic stop and arrested on a Friday morning. Not having someone to bail me out I stayed there and went to court Monday morning.

This is the twist, I have had several back surgeries and have been on narcotic pain pills for 13 years. Since I was arrested on Friday afternoon, I had not taken my pills for 3 days and was in SEVERE withdrawals by the time I got to court Monday am. Once in there I tried explaining everything to the PD but I was told a not guilty plea would keep me in jail so thats when I made the worst choice of my life, I plead guilty. This was the stupidest thing I ever could have done but at the time I just wanted to go home and take my meds because I was hurting so bad!

For awhile I simply wasnt worried, I said "oh well, its a petty theft, I will get it off my record and no big deal". I have been kidding myself. Now, I cant get a job and the shame as well as embarrassment is killing me. Is there anything I can do to get this reversed? Can I bring in new evidence for a new trial? or Since I was out of my mind going thru withdrawals, can i appeal?

PLEASE PLEASE HELP ME!


Asked on 10/05/12, 12:26 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

talk to some attorneys local to where the case was heard about withdrawing the plea ... difficult but not necessarily impossible. Good luck!

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Answered on 10/05/12, 2:03 pm
Terry A. Nelson Nelson & Lawless

You provided no dates. IF the plea and conviction were within the last couple days or weeks, then you could pursue a Motion to Withdraw the plea, supported by medical evidence of your lack of mental competence to understand and enter the plea.

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IF this is old and you are just now deciding you made a mistake, you could pursue EXPUNGEMENT. CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. It does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 10/05/12, 3:56 pm


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