Expert: Robin Sexton - 1/10/2010

Question
Hello my name is Tysheon , I was charged with robbery in a kmart theft. I was with someone that decided he wanted to steal in one part of the dept. store while i was in another part shopping and purchasin items with my hard earned money. at the time of check out he approaches me with a nightstand box,,saying he needed a table on his side of the bed for his personals and could i get it for him.Being in a new relationship in love and dumb i fell for it ! The nightstand{box w/ stolen goods}came to $34.99 -i thought cool thats nothing, so i paid. Mind you i just cashed my 2 week work check $989.00 so money was'nt a problem for me. As i was paying for my items, he stated he was going to see if our cab was outside. As i approached the door the alarm went off ! i politely step back over to the register to the girl who rung me up and she was on her registers phone----i told her something did not scan ! she told me to go on its fine. So i walked out the door and all hell broke loose. my first thought was i was being robbed in the parking lot ! i paniked and begin to scream an fight for my purse and life noticing my new man running away from me rather then towards me, despite my efforts of screaming his name for help. The guy that was pullingmy purse off my shoulder and the other guy that was pulling my buggy away from me, never at no point and time ever say they were police or store security. All of a sudden heres the police...im just knowing these guys are getting locked up when to my surprise im getting cuffed. WOW! anyway the guy i thught was my man went to my house while i went to jail,,,mind you i had a 5 yr old on her way home from school,,and im not there he is...i was terrified and all types of things went thrugh my head....with no family or friends in that state.I only thought the worst of what was happening in my home with this dude and my baby. i was there a week when i got a court appointed attorney ,i never been to jail in my life and had no knowledge of the court system,,,the attorney told me to plead no contest and i could go home that day . Of course theres no questuion what happened . i went home to find my baby gone an dall my belongins and money. i tracked him down 1100miles away with my child,,,so i went to get her. Since my funds were depleted and i was stranded and in thisd othedr state, i found out the 5 yrs of probation i was giving was revoked and i have a warrant ,A FELONY WARRANT AT THAT, FOR ROBBERY. Im terrified ,i want to turn myself in but i have since had my other baby i was pregnant with and dont want to leave them ,or have to go to prison,but at the same time im not a criminal and dont want this to ruin my future.What do i do ?

Answer
Tysheon,

I am terribly sorry for problems you are having and admittedly they are quite complicated.
You have several different issues and the advise of an attorney is strongly suggested.  The shoplifting  or theft from Kmart is one issue.  Since you entered a plea of no contest and it was apparently accepted by the court the issue of the theft is probably done. You can of course petition the court to strike the original plea but i would not do that with out consulting an attorney as this moves you back to square one.  If there is a warrant for you now it is probably not for the theft but instead for contempt of court.  Not showing up for sentencing.  Just becasue the probation was revoked does not mean it can't be reinstated.  However by delaying contacting the court it will not improve you chances.  Here is the deal.  The warrant will not magically dissapear.  Whether or not they will go so far as to locate you in your new state and extradite you back is unknown. However with the warrant in the system it could affect you getting services in your new state. Further the possiblility will always exist that at anytime you could be arrested and held in jail pending extradition.  I can pretty much guarantee that if that happens it will be at a very inconvient time for you.  The best option you have to handle the situation directly.  If you can prove your statement that you left the courts jurisdiction because your child was missing you would have a pretty presuasive argument.  However the court will ask the same question that i will.  If you child was missing, why did you not report it to the police ?  same with the theft of your personal belongings ?  
My suggestion is for you to contact the attorney who represented you originally and discuss your options with them. They will have the best knowledge of what coudl be expected.  They could also represent you prior to turning yourself in.  At some point you will have to appear in court, prepare youself.  In most situations first time offenders are given great lienency.  It may involve a few days in jail but not necessarily.

Hope this helps

good luck

robin