Help petty larceny charge

[PN89]

Livingston County, NY- ok my husband got a job at a nail salon inside of walmart. My baby and I went with him for the day to hangout. So while we were waiting I push baby in her stroller around walmart. So my daughter got fussy so I handed her toys from the store to Play. I admit I took them out of the packaging but just for her to play. So after an hour or so we went back to the salon to wait for my hubby. Got bored again and went shopping again. But this time I was holding her so I grabbed a shopping cart and forgot about the damn toys in the stroller. So when I was done paid and got ready to leave cause my hubby was done with work I was about to leave when this store associate "asked" me to go with her. She told menu know what this was about and then I remember I was like ****. We went into this room and I told her I would pay for all the stuff but wouldn't listen to 1 word of it. She called the cops and arrested me. She said I was going to never be allowed back into a walmart ever. I spend f$@ing crazy money in walmart. And this girl made and huge deal. Now she saying Im endangering my child too. I'm so scared I dont know what to do!? Any suggestions?!

[Indiana Filer]

Livingston County, NY- ok my husband got a job at a nail salon inside of walmart. My baby and I went with him for the day to hangout. So while we were waiting I push baby in her stroller around walmart. So my daughter got fussy so I handed her toys from the store to Play. I admit I took them out of the packaging but just for her to play. So after an hour or so we went back to the salon to wait for my hubby. Got bored again and went shopping again. But this time I was holding her so I grabbed a shopping cart and forgot about the damn toys in the stroller. So when I was done paid and got ready to leave cause my hubby was done with work I was about to leave when this store associate "asked" me to go with her. She told menu know what this was about and then I remember I was like ****. We went into this room and I told her I would pay for all the stuff but wouldn't listen to 1 word of it. She called the cops and arrested me. She said I was going to never be allowed back into a walmart ever. I spend f$@ing crazy money in walmart. And this girl made and huge deal. Now she saying Im endangering my child too. I'm so scared I dont know what to do!? Any suggestions?!

If the toys were packaged to be sold, why on earth would you open them?

Sounds like what you need to do first of all is to stop stealing. And defintely stop taking your child with you when you commit crimes.

Hire an attorney.

[PN89]

I know it doesn't sound good officer, but I honestly didn't mean to steal. We were there for 5-6 hours if I had any intentions of stealing I wouldn't hang around that long . I know I shouldn't have taken out of it's packaging but I just meant for her to play with it. I could've paid for those stuff since I bought a whole bunch if things before I left anyways. I honestly didn't remember about it, I've never done anything like this. I've been crying and worrying for days if I ever meant it I wouldn't feel sorry. I'm a new mom and I love my baby girl I would never do anything to put her in harms ways.

[HoyaLawyaChick]

Okay, well, I am a defense attorney, but I'm not giving you legal advice. To prove petit larceny, they have to prove intent. You're arguing that you had no intent to steal, but the fact that you took the toys out of the packaging cuts very hard against you. I don't think you're going to win this at trial. However, there's nothing to worry about based on this case alone regarding losing your child.

[quincy]

PN89, please note that HoyaLawyaChick is claiming to be a defense attorney/public defender from Virginia HOWEVER these claims have NOT been verified by the administrators of this site - and this verification is necessary in order to post as a lawyer here.

HoyaLawyaChick is a first-day (and rather prolific) poster to this site. PLEASE do NOT consider Hoya's advice to be anything but advice given you by an anonymous stranger posting to this FreeAdvice site. Take it in that vein and give no more weight to what she says than that.

When stakes are high, you should always hire an attorney in your area for advice specific to the facts of your situation, as advised by Indiana Filer.

Good luck.

[ERAUPIKE]

Livingston County, NY- ok my husband got a job at a nail salon inside of walmart. My baby and I went with him for the day to hangout. So while we were waiting I push baby in her stroller around walmart. So my daughter got fussy so I handed her toys from the store to Play. I admit I took them out of the packaging but just for her to play. So after an hour or so we went back to the salon to wait for my hubby. Got bored again and went shopping again. But this time I was holding her so I grabbed a shopping cart and forgot about the damn toys in the stroller. So when I was done paid and got ready to leave cause my hubby was done with work I was about to leave when this store associate "asked" me to go with her. She told menu know what this was about and then I remember I was like ****.

We went into this room and I told her I would pay for all the stuff but wouldn't listen to 1 word of it.

You would be surprised how many shoplifters offer to pay for the items they just attempted to steal.

She called the cops and arrested me. She said I was going to never be allowed back into a walmart ever.

Stores generally have a policy to trespass people that attempt to steal from their store.

I spend f$@ing crazy money in walmart. And this girl made and huge deal.

She was simply doing her job. You can expect to spend some more crazy money to pay restitution and loss prevention fees.

Now she saying Im endangering my child too. I'm so scared I dont know what to do!? Any suggestions?!

If it is your first offense, a lawyer could possibly resolve the case with an "ACOD" (Adjournment in Contemplation of Dismissal - sometimes called an ACD). In essence, this is a "keep your nose clean for six months" result, which if completed without any further criminal matters, then your record will be wiped clean. Having your child with you while you committed this crime may result in some aggravating factors in your case. I would recommended hiring a defense attorney that is a little more knowledgeable than HoyaLawyaChick.

[Gail in Georgia]

I'm also surprised you think it's OK to hang out at a husbands job for 5-6 hours with a fussy baby.

Gail

[HoyaLawyaChick]

PN89, please note that HoyaLawyaChick is claiming to be a defense attorney/public defender from Virginia HOWEVER these claims have NOT been verified by the administrator's of this site - and this verification is necessary in order to post as a lawyer here.

HoyaLawyaChick is a first-day (and rather prolific) poster to this site. PLEASE do NOT consider Hoya's advice to be anything but advice given you by an anonymous stranger posting to this FreeAdvice site. Take it in that vein and give no more weight to what she says than that.

When stakes are high, you should always hire an attorney in your area for advice specific to the facts of your situation, as advised by Indiana Filer.

Good luck.

I just provided my info to Admin "Mary," thanks. I assume with all the advice that "get a lawyer" is part of it, so I don't say that part. I guess unless someone asks whether they should get a lawyer or not, I don't say it.

[quincy]

That is good to know. And welcome.

As a word of advice: Just because you are a site-verified attorney, this does not mean that your advice will not be questioned or challenged, and often. Many of the non-attorney senior members (and some junior members) who post here are more knowledgeable in some areas of the law than you will be. It is also important to remember that posters provide us with only a paragraph or two of their legal situation. That is often not enough to give a definitive answer to their question, although it is possible to give the law that may lead to a definitive answer after a review of all of the facts.

If you are also a public defender in Virginia, I admire you for deciding to go into this area of the law and I wish you much luck. Virginia has had many struggles in the past with their public defender system - and last summer was especially hard. But, when you think your case load is overwhelming and you are being underpaid for the work you are expected to do, just be glad you are not a public defender practicing in Michigan.

[HoyaLawyaChick]

Thank you. I like having my ideas challenged. I don't particularly care for people to be rude about it. But differing opinions are always great, because it refines your argument and makes you prove it up or leave it by the wayside.

I understand that the fact pattern presented is only a snapshot, but I guess my approach is: If everything here is true, and just this, then this is what I think. I don't think, for me, it's helpful to tell the person, "Well, you must be lying about x, y, or z....," because they know if they are. And if they aren't, then you haven't helped at all.

I am a PD in VA and luckily I am in one of the best, if not the best office in the state. I don't think that I'll ever feel "overpaid" for the work that I do , but I live comfortably and I think the work is righteous, which offers more rewards than a higher paycheck could ever offer.

[quincy]

Rudeness comes with the forum-territory. So do "trolls" who will test your patience.

As for believing that everything a poster says is true, well, in 2007 I believed that, too . It is still a nice way to approach all posters, however.

[HoyaLawyaChick]

I didn't say I believed it to be true....I said that's how I approach it. My only purpose in being here is to practice analyzing legal issues. I just want to increase my speed an accuracy for locating the issue and properly analyzing it. I can't do that by calling the person a liar. I just work with what I'm given. In law school, you're taught: "Don't change the fact pattern."

[quincy]

Yes, but you will soon see that sometimes the poster will change the fact patterns pretty rapidly from one post to the next .

That is just one reason why you should not give definitive absolute this-is-the-way-it-will-be answers - although you can certainly provide your opinion based on what is posted, and you can provide applicable laws to support this opinion.

But you DO NOT have access to all of the facts, and a forum such as this one cannot give you the access to all of the facts, this whether you believe that all that a poster has written is true or not.

Again, good luck. This forum can be a good way to hone skills, as long as you respect the limits of the type of advice you can provide and you are careful about what you write and how you write it. You will be held to a higher standard posting as an attorney. Because you do not have a track record of providing legally accurate advice yet, try not to post nonsense.

[Indiana Filer]

Okay, well, I am a defense attorney, but I'm not giving you legal advice. To prove petit larceny, they have to prove intent. You're arguing that you had no intent to steal, but the fact that you took the toys out of the packaging cuts very hard against you. I don't think you're going to win this at trial. However, there's nothing to worry about based on this case alone regarding losing your child.

If you are going to post about other states, you need to learn the law, especially in those states.

In Indiana, any theft can be a class D felony, although the prosecutor can amend the charges to conversion, a class A misdemeanor.

She took the toys out of the packaging, rendering them unsaleable, therefore showing intent to deprive the lawful owner of the use or possession of the items.

[HoyaLawyaChick]

If you are going to post about other states, you need to learn the law, especially in those states.

In Indiana, any theft can be a class D felony, although the prosecutor can amend the charges to conversion, a class A misdemeanor.

She took the toys out of the packaging, rendering them unsaleable, therefore showing intent to deprive the lawful owner of the use or possession of the items.

What are you talking about? I said that the fact that she removed the packaging CUTS VERY HARD AGAINST HER. Meaning: bad fact.