Foreign arrest affidavit wrong etc.

[caresfl]

What is the name of your state (only U.S. law)? FLORIDA

Here's the short story. My friend barely speaks english. She has a broken car window (won't roll down all the way) on her SUV and she was in the grocery and she heard her car alarm go off. She put down the bread but was still holding the hair dye and went to the door at the store, kept trying to look out (they are sideways doors, not frontways...but couldn't see her car. Then she took two steps out to see her car and before she could even get the alarm thing out of her purse and see her car she received a tap on the shoulder. She tried explaining to the lady and the lady didn't seem to want to try and understand her. Next thing you know an officer is there and she is speaking to him in english and her native language trying to explain. He writes on the affidavit that she intended to go to the store to steal the hair dye, that she confessed, said she was sorry and didn't know why she did it. I'm telling you I can barely understand her and there is no way that she could have said even close to that much her english is pitiful. She's trying to learn but it's really really poor and more then just broken. My husband translated all this too me. She signed the paper because she thought she had too and was never offered a phone call or a translator...how could the officer flat out lie on the paper??? (not that I am terribly surprised but I am)...anyone know the laws regarding this and accusing others etc.? Thanks. I'm taking her to a lawyer tomorrow. Oh, and she's been shopping there for 4 years...she's so distraught!!

 

[racer72]

She walked out of a store with something she did not pay for. That is theft in all 50 states and the District of Columbia. Yep, she needs a lawyer, hopefully one that can explain what she did was against the law.

 

[caresfl]

She understands that but still, should they really prosecute? Shouldn't they watch the tape, should they have gotten an interpreter or something? Accidents happen all the time. Should she really have a record over this. The woman is 40 years old with no criminal anything.

 

[caresfl]

Not So, there must be intent to steal

Actually after further research, no it's not theft in all 50 states "UNLESS" you have intent to steal. At least in FL, you have to have intent to steal or it's not a crime. She did not have intent to steal...your reply was very ****y but how many people forget a case of pop under their cart or their kid shoves something in the purse or there is something wedged in the cart that was missed...there are tons of mistakes...

 

[outonbail]

Do you know if she had any money, credit cards or the immediate means of paying for the merchandise she left the store with?

When a person is stopped with property they haven't paid for and it is discovered that they don't have the funds to pay for the merchandise available and on their person, this will be enough proof to show intent.

While people can inadvertently make mistakes and possibly leave a store with merchandise they haven't paid for, the more common mistake made, is that of leaving their home without money.
So for us to accept what you believe transpired in your friend’s situation, just because you have posted that she claims this is what happened, will be of no help to her in the legal case she is facing.

It’s understandable that you want to believe your friend is a victim of innocent circumstances, but it would be in your best interest to step back and separate your personal feelings and emotions from this situation for a second and think about what you have posted.

First, the car alarm going off. We would have to believe that she was able to even hear the alarm if it did sound. In reality, 95% of the car alarms that sound in parking lots and subsequent to a person entering a reasonably sized store, are not heard by the vehicle’s owner. In fact, it’s hard to hear any outside noise when your inside a grocery or department store.

Second, what would explain her dropping the loaf of one dollar bread but keeping a hold of the fifteen dollar hair dye? It does not’t make any sense. Did she have a shopping cart, a basket or was she just shopping for a couple of items and was holding them in her hand? (or purse perhaps?)

Third, all the nonsense about inoperative SUV windows and side-way/front-way opening doors is too much explaining for my liking. Trying too hard to justify how this could have happened. Why try to look out a door anyway, why not look out one of the front windows every grocery store is constructed with or look for a security officer to escort you to your vehicle if you believe someone’s trying to steal it?

Forth, how did the store security/loss prevention person happen to be on top of her so fast? Were they already following her around the store because she was acting nervous or suspiciously?

Finally, you don’t know that the officer intentionally lied when he wrote that she entered the store with the intention of stealing. Like I mentioned earlier, if she had no money on her when she entered the store, then she certainly didn’t plan on buying anything. If she’s been shopping at this store for four years, I would imagine she can communicate with employees much better than you are suggesting she can.

I hope you understand that I’m not suggesting there is no way she made a mistake, as it is possible, just not probable.

As far as the following statement:

“how many people forget a case of pop under their cart or their kid shoves something in the purse or there is something wedged in the cart that was missed...there are tons of mistakes...”

This statement and whatever mistakes other people may have made, will have no bearing on your friends case whatsoever.

Good luck

 

[caresfl]

yes she did have the $

Yes she did have the money and I understand your suspicions but she really is innocent. This is a very small grocery store with the doors facing sideways instead of being in the middle and the carts are all in the center section. There maybe windows I can't remember, I don't frequently shop at this one because it doesn't stock my favorite things due to it's size. But it's the one closest to her house. She had went in just to buy the bread and hair dye. She had three loaves. She clearly realizes the error in not putting down the dye. And since she didn't use a cart I suppose that's why they were on her so quickly. It was daytime and she can't speak English well. Why would she ask security? She was just trying to get a view of it and then to turn the alarm off if it appeared ok. I'm sure if she saw no one she would not need security...so that's just pushing it because you are trying to be objective which I understand but really. I'm American, my sister has had a car stolen (not recovered), I have had a car stolen (recovered, joy ride) but I would not have gotten security just to look at my car. It is really careless what she did but I can't say how many times I have shopped without a cart, it's easy I suppose to look like your up to something but for the most part I hate carrying my purse so I have to have that cart!
Just to give you an example of the ignorance though. We were shopping just over a week ago and she purchased laundry detergent. She didn't understand why it rang up a different price and so I went back in the store while she waited out front (different store) and I found it was in the wrong place so she read the wrong price. I said the correct one is here yadda yadda. She wanted to return it and went inside the store. She went with the product straight back to the aisle and then exchanged it there and came back to the register. I told her you have to have the original for the upc. Anyway. Thankfully the lady saw us and everything but when we got home I had my husband explain to her why what she did was wrong, that she could have not brought the product in etc. and lied. And my husband yesterday reprimanded her for not learning more English since she has now been here 4 years. I know it's tough since she doesn't have a job but she has to try harder. After all, she has 3 kids who should be helping her learn as well as her husband who is finally picking up the language better. They are refugees.

 

[caresfl]

What about

What I really need to know though is not that you think she is guilty or not because it's irrelevant. What I want to know is should the officer tried to get a translator or something? How could he write down that she said something she didn't?