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londonjohn41 · Jul 26, 2008, 03:07 PM

I have a friend who is charged with shoplifting in Arizona. Can I act as her legal representative, even though I am not an attorney?

Fr_Chuck · Jul 26, 2008, 03:14 PM

No, you have to be an attorney who is a member of the bar.

twinkiedooter · Jul 26, 2008, 06:59 PM

She needs to hire an attorney in Arizona to represent her. You cannot be her attorney in court if you are not a member of the Arizona bar.

JudyKayTee · Jul 27, 2008, 06:21 AM

Originally Posted by londonjohn41

i have a friend who is charged with shoplifting in arizona. can i act as her legal representative, even though i am not an attorney?

No, but why would you think you could adequately represent her?

londonjohn41 · Jul 27, 2008, 06:24 AM

I have worked loss prevention for many years, and know that when she was stopped (inside the store) she had not committed theft. There are many problems with this charge against her, I don't believe she had any reason to not pay.

JudyKayTee · Jul 27, 2008, 06:27 AM

Originally Posted by londonjohn41

i have worked loss prevention for many years, and know that when she was stopped (inside the store) she had not commited theft. there are many problems with this charge against her, i don't believe she had any reason to not pay.

If she doesn't want to retain an Attorney then I would review your concerns about the arrest with her and she can represent herself. I always think that's a mistake but it would be her choice.

I am not familiar with Arizona law but I have seen people stopped and arrested in NYS with concealed merchandise -

I have also heard the "no reason not to pay" defense but perhaps it is used in your State. I have seen a lot of shoplifters who were stealing for the thrill (or whatever) and had more than enough money to pay for the purchase.

Fr_Chuck · Jul 27, 2008, 06:28 AM

Not sure your state, but yes, at least where I am at, you do stop them in the store, some states it is between the cash register and the door, in other states it is anywhere in the store if you hide the item.

Also do you know how to write and present motions, since if what you say is true, you write and file a motion to have it dismissed. You write a motion to have the evidence thrown out since it was gotten illegally, ( if they were in a area allowed to be at with item)

So you are already proving your in-ability, since if you are correct, and I think you are wrong, but if you are correct, the motions are done before court to stop it from ever going to court.

londonjohn41 · Jul 27, 2008, 03:32 PM

It was at costco. She went beyond the cash registers, but towards the restrooms (needed to change her child's diaper) which are even further into the store. Costco check receipts at the door, so how can someone be shoplifting if the company accepts themselves that the exit is where no further unpaid items should go. As for the concealment, I thought only police could stop inside the store. The case has already been set for trial.

JudyKayTee · Jul 27, 2008, 05:05 PM

Originally Posted by londonjohn41

it was at costco. she went beyond the cash registers, but towards the restrooms (needed to change her childs diaper) which are even further into the store. costco check receipts at the door, so how can someone be shoplifting if the company accepts themselves that the exit is where no further unpaid items should go. as for the concealment, i thought only police could stop inside the store. the case has already been set for trial.

Obviously Costco thinks she was concealing the diapers, going to use them without paying, I don't know. If she's going to trial and not just a hearing they're not kidding around. I own a store - she would be concealing and/or using merchandise in my eyes.

If you think you are right and the people who have answered you are wrong, so advise her and have her appear without an Attorney.

Either way, let us know what happens.