Asked about 4 years ago - Waukesha, WI
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A couple of days ago I (along with a friend), we were arrested at a Kohl's in Waukesha for shoplifting. We are both 19, and were given municipal citations with a $361 dollar fine. Kohl's banned us from all Kohl's shopping centers, and are sending us a fine also. We have a court date set up, but it is not mandatory.
Is it worth going to court? Is there ANY way we can have this erased from our record? I've never been arrested before, and this is my first offense. I really regret what I did, and I just want to do "undo" it, as much as I can. Is going to court going to change anything?
I am a Wisconsin attorney; and I actually practice in Waukesha County and its municipalities.
First, you are correct. A ticket for a municipal ordinance violation generally does not require an appearance in court by you. But if you do not do one of the following, you will be defaulted (or found guilty in your absence): (1) file a written notice of appearance and plea of not guilty with the court before the date on the ticket; (2) appear in court personally and plead not guilty; or (3) hire an attorney to appear for you.
Further, if you do not go to court or at least try to speak with the city prosecutor before court, then you will never know if anything can change for the better. And, if you do not speak with a defense attorney, you will never know if you have any legal basis to challenge the ticket. Why not have an initial consult with a defense attorney? Initial consults are generally free; and a consult may lead to some good free legal advice.
Your tickets are likely in the City of Waukesha; and Judge Cook is the judge there. He is reasonable and fair to a fault. You will not lose anything by fighting the charges in his court.
The prosecutor for City of Waukesha is Assistant City Attorney Anne Iselin. She can be reached at (262) 524-3520.
If you are concerned about the money it would cost to hire an attorney (especially to defend a $361 ticket), here is what I would do: Call Attorney Iselin at the above number before your appearance date. Explain your situation and that you have never been arrested before, and see if she is willing to amend or reduce your ticket to a non-retail theft violation. if she is, then your work may be done. If she is not, then I would do a written not guilty appearance and request for discovery. The city should then send you a copy of the police reports in your case for a nominal fee. You can then take the police reports to a defense attorney for an initial consultation.
Another way to get the police reports would be to contact the City of Waukesha police department, and do an open records request. You may be able to do this right away and take the reports to a defense attorney for an immediate consult. For more information on this, contact the City of Waukesha police department at 262-524-3831.
No matter what, don't just roll over and play dead! Try to improve your situation.
Good luck!
I am not sure how thing work in your area, but I am not sure how court is not mandatory. But, in either case, I would hire an attorney to try to stop any kind of theft conviction from being on your record. It makes it really hard to get a job later.
My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.
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