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jmb00 · Feb 3, 2011, 06:50 AM

3 months ago a policeman accused me of stealing. I explained to him that this was a mistake and he told me that instead of charging me for theft he would give me a move on notice. Yesterday however received a fine in the mailing stating that I have to pay $300 for stealing. I am very confused as the cop said he would not charge. Is worth me arguing about it or are cops allowed to do this?

AK lawyer · Feb 3, 2011, 06:59 AM

Originally Posted by jmb00

3 months ago a policeman accused me of stealing. I explained to him that this was a mistake and he told me that instead of charging me for theft he would give me a move on notice. Yesterday however received a fine in the mailing stating that i have to pay $300 for stealing. I am very confused as the cop said he would not charge. Is worth me arguing about it or are cops allowed to do this?

In order for us to give you a reliable answer, please elaborate on the following points:

What country or U.S. state are you located in?
What is a "move on notice"?
What was it you just got in the mail?
Was it a court summons?
Did it say you could pay the fine in lieu of a court appearance?

joypulv · Feb 3, 2011, 07:01 AM

What country?
What police? Store security?
What mistake? You forgot an item was not paid for as you were leaving?
Stores routinely charge fines to cover security expenses, so you can pay the fine or risk being charged. It doesn't matter what was said or you thought was said.

jmb00 · Feb 3, 2011, 07:05 AM

I live in Western Australia.

A move on notice is where you are told to leave the location you are in for a certain period. Usually 12 hours.

The letter in the mail just says "court fine" at the top

And it says if I don't pay the fine my license will be suspended.

jmb00 · Feb 3, 2011, 07:11 AM

It was out the front of a café and they had tables coming onto the foot path. My friends and I stopped in front of the café to chat and for some reason I picked up a cup. 2 seconds later a cop came and said he was giving me a move on notice. Accused of stealing a cup. I can't believe it.

AK lawyer · Feb 3, 2011, 08:33 AM

Originally Posted by jmb00

... Is worth me arguing about it ...?

Yes, I would contest the ticket.

jmb00 · Feb 15, 2011, 08:56 PM

I just got some legal advice and he said I contest it I would need to explain to the judge why I picked the fork up in the first place. This will be hard as I don't know why I did. Any Ideas or suggestions?

Fr_Chuck · Feb 15, 2011, 09:05 PM

Contest it, worst that can happen is you lose and have to pay the fine , you have little to lose in trying to contest it

AK lawyer · Feb 15, 2011, 09:06 PM

Cup or fork? I don't know why you picked it up. If you don't know no one knows.

But if I had absent-mindedly picked up a fork at a restaurant, it could be for one of several reasons:

I was "absent-minded" and my hands needed something to do.
I wondered if the fork was sterling silver, and was looking for the proof mark.
I had a brief obsessive-compulsive episode and needed to put the fork in exactly the right position.
etc.

I guess you should be thankful it's only a $300 fine. For larceny of this nature your forbearers were transported to God-awful places like - Australia.

jmb00 · Feb 16, 2011, 02:38 AM

Also at the top of the letter it says fines, penaltys and infringements. Does that mean that it will go on my criminal record? Or is it just like a speeding ticket?

excon · Feb 16, 2011, 04:05 AM

Originally Posted by jmb00

I just got some legal advice and he said I contest it I would need to explain to the judge why i picked the fork up in the first place. This will be hard as I don't know why I did. Any Ideas or suggestions?

Hello j:

In the first place, I don't think the store will SUE you and that's the only way this will get in front of a judge. Second, if they DO sue you, your defense should be you were, and still are willing to pay for the cup.

But, I think if you IGNORE it, they'll do the same.

excon

jmb00 · Feb 16, 2011, 06:32 AM

I'll be in front of a magistrate. I'll plea not guilty and explain what happened. If the magistrate still decides that I am guilty I will request a spent conviction which means you pay the fine but it won't be put on your record. A lawyer I spoke to said a spent conviction is quite easy to get if you have never been convicted of an offence before.

excon · Feb 16, 2011, 06:40 AM

Originally Posted by jmb00

I am very confused as the cop said he would not charge. Is worth me arguing about it or are cops allowed to do this?

Hello again, j:

I realize that you're not in the United States, and that's where my legal background is... However, Australia IS a western country with western legal ideas... Therefore, I DOUBT a court in Australia can CONVICT you and charge you a FINE, BEFORE you've ever been to court.

I say the letter you received is a civil recovery letter from the store - not from the court. Of course, I COULD be all wet.

excon

AK lawyer · Feb 16, 2011, 02:10 PM

Originally Posted by excon

... I DOUBT a court in Australia can CONVICT you and charge you a FINE, BEFORE you've ever been to court.
...

Looks like it's similar to a parking ticket: you either pay the fine or take your chances in court.

joypulv · Feb 16, 2011, 02:24 PM

You could argue that the tables were on a public thoroughfare, and you were about to move a table off the path, to allow pedestrians to get by.
But since the cup is now a fork, I don't know what your chances are arguing anything... if you were in a group and disrupting café patrons and being loud and messing with cups and forks, and the officer who gave you the notice is in court, I'd give up now.

jmb00 · Aug 12, 2011, 06:04 AM

Ended up contesting it. Charge has been cleared. Thanks to everyone for their advice!