petit larceny HELP(sorry long)

[jenna97]

What is the name of your state? NY

Okay, I am 34 years old and i went itnto stop and shop tonight to pick up some items with my 3 year old. He was in his stroller and i was putting items on top of the canopy. when that was full and things started to fall over i started to put items in a the bottom of the stroller, there is a bag like holder there. I paid for the items on the top and honestly i forgot about the stuff on the bottom. when i walked out some girl in her 20's(store detective asked me to come back in, still had no idea why, then she said you know what you did and so do I just co-operate with me and it will be quick. That is when i realized i forgot the bottom items. I told her i really didnt mean to steal them and i said i would pay for them now. She came back with i hear that all the time! she was a little ****y, like a police wannabe but i was still very polite and nice to her. I was honestly not trying to steal these items, I had over 200.oo cash on me and its just not me. I mean i was in the mall one day and i looked down at my son, he had a stuffed animal in his hands from a sore on the other side of the mall upstairs. i brought the damn thing back!! but anyway, this little detective said she called her office and was waiting for a call back to see if they were going to arrest me or let me go. 15 minutes later the police showed up and then i guess it was to late. he was awfully nice and had to arrest me because of the store or something. he told me to write a statement on what happened and i would have to go to court but the judge would probaly just give me a fine. he said i had nothing concealed so it shouldnt be a problem. what should i do? Plead guilty and pay the fine or not guilty and try to get it dismissed? I dont want to piss the judge off either. Please any help would be appreciated. I have never been through anything like this before. thanks[/b][/left][/center][/font]What is the name of your state?

[garrula lingua]

Hire an attorney or ask for the PD.
The store probably has video showing you shopping.
An atty can ask for (& get) that video before it is taped over, if the cop didn't book it into evidence.
Hopefully that may convince the Prosecutor (and jurors) that it was inadvertent on your part.

[bigdeala102]

just from personal expierence, its nothing, pay the fine and go on about your business, or you can hire an attorney for around 1000 dollars and get it taken care of...but, since youve done been arrested, and its prolly in city court you can attempt to talk to the judge and the do likle the other guy says about the video camera and maybe theyll show you some love and dismiss it...but, the charge is petty, i woudnt worry about it

[jenna97]

For the people that have respnded to my long thread i want to say Thank you so much. Its not going to a city court but a town? court, i think. How much is the fine usually? Also, is there a plea like not intentional? sounds stupid but... I cant sleep at night1

[Bretagne]

Generally speaking, you are not guilty of shoplifting unless you had the intent to steal. There is a good chance that a judge will not accept your guilty plea if you deny intentionally stealing. You could do an "Alford" plea, which means you don't admit guilt, but want to avoid trial and agree the State has enough evidence to convict you.

If I were you, I would definately hire an attorney and defend myself in court. (Assuming that you weren't really trying to steal something.)

[fairisfair]

Originally Posted by Bretagne

Generally speaking, you are not guilty of shoplifting unless you had the intent to steal. There is a good chance that a judge will not accept your guilty plea if you deny intentionally stealing. You could do an "Alford" plea, which means you don't admit guilt, but want to avoid trial and agree the State has enough evidence to convict you.

If I were you, I would definately hire an attorney and defend myself in court. (Assuming that you weren't really trying to steal something.)

strongly agree with Bretagne, although this may be a misdemeanor with small fines, these are exactly the type of charges that future employers take a long hard look at when making employment decisions.

[jenna97]

Someone told me that the person who came outside and asked me to come inside with her a second should not have touched me by the arm. Is this true in NY? Also when I was in there they made my son stand, would not let him sit on my lap or when i asked her to make a phone call so i could have someone pick my son up so he wouldnt be there she said no. also, I asked her to let me call someone to pick up my daughter who was getting off work at the time and i was supposed to pick her up she said no and my daughter who is 16 had to stand outside in the dark because she tought i would be there. I dont live in the city so the crime rate is not as high, but things happen around here also with young girls at night. Was she wrong for any of this? Could I write a letter to the main headquarters and tell them this, would they drop the charges because it wasnt handled correctly and she could of endangered a teen? Am i making to much of this? Thanks guys!!

[fairisfair]

Originally Posted by jenna97

Someone told me that the person who came outside and asked me to come inside with her a second should not have touched me by the arm. Is this true in NY? Also when I was in there they made my son stand, would not let him sit on my lap or when i asked her to make a phone call so i could have someone pick my son up so he wouldnt be there she said no. also, I asked her to let me call someone to pick up my daughter who was getting off work at the time and i was supposed to pick her up she said no and my daughter who is 16 had to stand outside in the dark because she tought i would be there. I dont live in the city so the crime rate is not as high, but things happen around here also with young girls at night. Was she wrong for any of this? Could I write a letter to the main headquarters and tell them this, would they drop the charges because it wasnt handled correctly and she could of endangered a teen? Am i making to much of this? Thanks guys!!

So......now you are making me think you are guilty. Why would you need to be grasping at straws if you weren't stealing anything in the first place?? You can write any letters you want, I am done here.

[jenna97]

No, not true. I am not guilty, I did not intend to steal anything and I am not grasping for straws, but someone told me she could have done things wrong and this whole case may be dismissed and I wouldnt have to even go to court. All I was asking is is this true or not.

[Bretagne]

If someone from the store grabbed you and forced you back in, that is a civil issue. The tort would be false imprisonment and assault and battery. Not worth a civil lawsuit, I would say. Damages too minimal--the legal fees would greatly exceed any recovery you would get, if you won.

Probably won't have any effect on the criminal case. Your best bet is to get an attorney and defend yourself b/c you never had any intent to steal. It's definately worth the money to keep the conviction off your record.