Found an issue on this page? Let us know and we will look into it as soon as possible.
What is the most likely outcome for a second offense misdemeanor shoplifting charge?
Anonymous1 views4 answers
In 2008, I was told I shoplifted at a local department store; but I remember very little of the ordeal. I have chronic insomnia so after not sleeping for 3 nights, I took 10 mg. of prescribed Ambien for the 1st time. The incident followed. Two doctors that supported this. This was a misdemeanor, and I received a plea under advisement and a fine. I was ordered by the judge to get help for the insomnia; therefore, I was sent to a neurologist. After tryiing a new sleep medication that did not work, he prescribed Ambien10 mg. . Nine months after the first incident, I took a 10mg Ambien for the second time. I got a 2nd offense misdemeanor shoplifting charge, and I recall very little. My case is now in Circuit Court on appeal b/c I was given 1 month in jail. What may be the outcome?
David Luther WoodwardChapter 11 Bankruptcy AttorneyPensacola, FL ·
First, this is not an appeal but a trial case.
With the sort of defense you want to mount you need the assistance of an experienced criminal trial lawyer. Admittedly, you have suffered some problems, but if you try to present them yourself it most likely will come off as whining and an attempt to dodge. A good trial lawyer can present this information through your medical providers and perhaps carry the day.
Run, do not walk to the nearest lawyer. Because you are in Fayetteville, you might check at the law school to see if anyone there in the criminal law department might assist you.
Without the assistance of counsel you can remain on the hook because you may miss something or make an avoidable error.
Get a good lawyer so you can answer for your situation, but still be able to move on with life.
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
http://www.attorneyqna.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
http://www.attorneyqna.com/legal-guides/ugc/what-do-i-tell-my-lawyer
Too many variable exist to predict the penalty. Good luck to you.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in your state in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
I suppose your question is really whether ambien could have caused sleep walking behavior or clouded your mind so that you did not know what you were doing. Whether this is a defense in your case depends on AR law so you really should consult an AR attorney. IN my state (CA) it would only excuse your behavior if it rendered you unconscious and you did not know it might have that side effect. It might work for the first time but by the second you should have know better.
I dont know where it still stands, but many of us that handle criminal defense are starting to try ambien cases as involuntary intoxication defenses. The possible outcome is up to a year in jail (based on my guess that it was an A misdemeanor).
You need to consult with someone local, if this issue is not already past tense.
