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Going to jail for 30 days... update, had court today

Posted by Anonymous   + Show Post
We are in a situation when my husband and I both could go to jail for 30 days. My SIL will be taking care of the kids for that time if it happens. I am scared that she will try to petition for custody of DD2 (3yo) based on abandonment. She keeps telling family how much DD2 likes to spend time with her and be at her house. And "jokes" about how we should just type up adoption papers.

My question is, if both of us do go to jail for 30 days is that considered abandonment? Could she try for custody of DD2? She would not try for custody of the youngest or the oldest. I am so worried and scared.

Edit: Petty theft. We were at Wal-Mart walking around. We grabbed a bag of diapers for ds and went to the pet part of the store to price fish tanks for dds fish. DD1 ran into an old school friend and they got to talking for a while. We all took our jackets off and threw them in the cart. We spent about 2 1/2 hours walking/talking. Forgot about the diapers in the cart. (This has happened before, when we noticed before we went right back in to pay for what we forgot about). This all happened right after we left church.

As we were walking out and getting the jackets, security people stopped us and told us to go with them and why. They took the other 2 jackets out of the cart and told us we were shop lifting. DH told them we were not trying to steal from them and told them we made an honest mistake. He had the money in his wallet, but they refused and then officers got involved and we were arrested.

We both have clean records. No previous history of anything. When we went to our court date Wednesday the state offered 30 days in jail for both of us. We are being tried as two separate cases.

Edit 2: Thank you to the few ladies who actually answered my question about my SIL trying to go for custody of DD2. I am very paranoid when it comes to my kids and after all the damn "joking" from SIL I am freaked out!! I don't want to be away from them for one second, let alone 30 days! I couldn't imagine what I would go through if the worst DID happen and when we got out we found out she tried to get custody of her. I probably would go to jail for assault/battery/murder.

This is real. Not a troll. I wish it wasn't!! This wasn't a question about IF we could go to jail for this stupidness. When we went Wednesday I did not think it was possible at all! Jail was not an option that ran through my head. We are letting the public defender take care of that part. I was and am only concerned for my daughter.

Update: 3/20

Obviously I am not in jail tonight! My husband was appointed the public defender and I was deferred to the regional counselor. This time the state offered 1 year probation, ACF class and community service hours. Only I have to do the community service. He got off that because of his job. Adjudication was with held! So as long as we do probation there will be no conviction on our records!

I was so over prepared! On top of the medical forms notarized I also had a paper at DD1s school done to appoint temp. guardianship in the event education decisions needed to be made. And to be able to have SIL sign her in/out, sign her planner and field trip permission slips; etc... we gave my mom the checkbook/bank card so she can take care of certain bills for 30 days. I wrote up a schedule for school stuff and Easter things/field trip stuff for SIL. We were ready and all of our ducks were in a row. I wanted to be sure anyone could see we did not plan to or want to abandon our kids. We tried to be responsible as we could where they were concerned.

So thankful that none of that preparation was necessary! Thank you to the ladies who offered real support and advise! Good night!
Posted by Anonymous on Mar. 8, 2013 at 12:04 AM
Replies (41-50):
by Anonymous 14 on Mar. 8, 2013 at 12:47 AM
1 mom liked this

Calling BS....who on  earth spends 2 1/2 hours in walmart, when you have a kid in diapers?!?!!?

by Anonymous 1 - Original Poster on Mar. 8, 2013 at 12:48 AM
I am scared because SIL "jokes" about us typing up adoption papers. "Jokes" about filing her on her taxes. If both of us leave for 30 days, I am worried that she may try something. Just paranoia.

My mom will be helping as well but she can't do it full time like SIL can. My mom works full time and takes care of my grandmother who lives with her who has Alzheimer's.

Quoting Anonymous:

That doesn't sound right... your leaving something out. You don't go to jail for petty theft when you you have never been into trouble before. For you to be scared that someone is going to try and get your child from you, your not telling us something.
by Anonymous 15 on Mar. 8, 2013 at 12:49 AM
9 months for forgetting to pay for diapers?! Why?! Ok you said almost the same thing so what did he forget to pay for.... btw i think there is more to OP story it doesnt add up at all

Quoting becciguffey:

My dh spent 9 months from almost the same thing

by Anonymous 1 - Original Poster on Mar. 8, 2013 at 12:50 AM
That is what I am doing! I made the mistake the first time thinking it would all be OK. The the floor fell out from under me! This time, we are making any and all arrangements possible preparing for the worst.

My mom will even take the morning off to come to court. We had no one there Wednesday! We were sure it was going to be nothing!

Quoting AllofFive19:

It never hurts to be prepared, so you're doing the right thing. Always prepare for the worst, but hope for the best.

Quoting Anonymous:

by Anonymous 16 on Mar. 8, 2013 at 12:53 AM
by Gold Member on Mar. 8, 2013 at 12:53 AM

But it was after church... not buying any of it either...

Quoting Anonymous:

I call BS. You're not going to jail for 30 days for a pack of diapers, give me a break!

by Anonymous 1 - Original Poster on Mar. 8, 2013 at 12:54 AM
I am no troll. I would post my name, but obviously I am embarrassed. We asked for public defenders because we did not think they would offer any jail time at all! We did not have a chance to explain to the judge the situation. He asked if he wanted to hear what the state was offering. We said yes and that is what they said. That is when we requested for a public defender. All that was stated to the judge is that we were there for petty theft and the case number.

Quoting LucyHarper:

I'm sorry, but I'm calling troll on this. No judge is going to sentence both parents of young children to jail for a full month for forgetting to pay for one package of diapers. Either theres more to the story or this is all made up.

by Anonymous 1 - Original Poster on Mar. 8, 2013 at 12:56 AM
We have spent longer than that before... he is 1 1/2.

Quoting Anonymous:

Calling BS....who on  earth spends 2 1/2 hours in walmart, when you have a kid in diapers?!?!!?

by Anonymous 17 on Mar. 8, 2013 at 12:56 AM

what the hell. i want to call troll because I HAVE NEVER heard of first time offenders getting something so drastic? i mean, i think i will call troll. and if this is the least of your offense and you really do have a clean slate. hell no she cant. i would just worry about security and trusting issues with your dd when you get out. shes going to be scared you'll leave her all the time,.

by Platinum Member on Mar. 8, 2013 at 12:59 AM
I got arrested for some sort of felony theft at 16 and got off with a plea deal for probation only, I was never even behind bars, this story is off.
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