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cplgg · Sep 21, 2006, 08:32 PM

Today I had a friend arrested for theft under 5000
The situation is:

She was in a large grocery store, she put all her grocery in a plastic bag and was looking at the flower section INSIDE the store when the security arrested her and then the police took her and detained her in a cell for the night.

I asked to talk to the detective that arrested her and asked why she was arrested for theft even though she never left the store and had enough cash on her to pay for all the grocery in the bag. But the detective is such an a**hole and was giving me really bad attitude and tells me its still theft even though she didn't leave the store and when I asked him how long they are allowed to detain her he said no time limit. I told him bull**** then he told me its 24 hours, all in all that guy had really bad attitude towards me and my friend.

I want to know if what he said was true, that even though you never left the store(she was in the flower section) is it still considered theft just because they SUSPECT you for theft?

Thanks for all your answers

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 initial 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.