Theft under 5000

CaptainForest · Sep 21, 2006, 08:37 PM

It is not theft.

Hire an attorney.

Your friend might also have a good civil case here as well.

Contact an attorney.

excon · Sep 21, 2006, 09:04 PM

Hello cplgg:

Yeah, cops suck! Of course, THEY consider standing in the flower section theft - they're cops, after all. They think BREATHING is stealing. The key is whether a judge or a jury thinks it's theft - and that decision (if it ever comes to that) is a long way down the road. Don't you worry about what cops think. You can't change that, no matter how hard you try.

They can hold your friend for 72 hours without charging her. After that, they have to charge her or let her go. Depending on the outcome of the criminal case, she might very well have an action against the store AND the cops.

excon

s_cianci · Sep 30, 2006, 09:01 AM

They can always hold her and charge for theft if they want but I don't see the charges being able to stick, unless you get corrupt people all along the road, from the cops to the prosecutor right on up to the judge. Legally, in this country, one has to be proven guilty "beyond any reasonable doubt." If she in fact never left the store then that creates plenty of doubt. Has she actually been charged with theft? If so then she may want to get a good criminal lawyer ; it sounds like a no-brainer but an experienced attorney will clinch the deal.

Fr_Chuck · Sep 30, 2006, 05:01 PM

Was the flower section not really in the same building, was it in a separate attached building with its own exit ?

Of course it well could appear she was stealing ( not using a card but a bag, esp if it was one from that store)

As for as being held, if she is arrested for the charge, she will have an intial hearing where she can plead, and bail can be set. Then she would be held till bail is made.

Since I don't know your exact state law, some areas do consider the hiding of merchanise inside the store as theft, Most don't, but from years on these boards I have heard of some areas that do have laws that can call it theft inside the store.

Same as hidding things when you go into a changing room, changing shoes in the shoe department, all of these will normally be arrested in the store.

Theft under 5000

Add your answer here.

Check out some similar questions!