Very worried..please help!

[jnus]

What is the name of your state? Pennsylvania

I hope someone can give me some advice.

I was recently in a pennsylvania kmart and i was shopping and i had put some items in my cart, both in the main part of the cart and some items in the part where you would put a child.

I was in there for a little while and it got warm because i still had my winter jacket on so i took it off and placed it on top of the child seat part of the cart, apparently covering the items i had placed in there.

Well, i was done shopping and went to pay for the items but i forgot about the items that were in the child seat and walked out of the store having just paid for the items that were in the main part of the cart (that totaled around $17.00) because i was in the store for an hour or so and when i walked out the store security grabbed me saying i was stealing the items that were in the child seat of the cart (which totaled around $180.00).

They has called an officer in and i was arrested and i was at the station for a little bit but was not put in jail. He just questioned me a little.

He didnt read me my rights until about 2pm which was at least an hour after i was in the office of the kmart.

While i was in the kmart office i of course tried pleading my case but to no avail. I even told them about having the money between us but they never checked my fiance's money, just mine.

While they didn't believe me, they never showed me "a tape" of what they said i was tryin to do, just that they saw me.

Does that mean they dont have a tape?

I really did not intend to walk out with the items and not pay for them as me and my fiance' had the money between us to pay for the items. We just plain forgot because our coats were over them because we had been in there for at least an hour.

I am very worried about my record because prior to this i have had absolutely nothing on my record at all. Nada.

I am worried about going to jail.

Any advice or anything is greatly appreciated!!

Thank You,
Jnus

[zwara]

Wish I could offer you some worthy advice but Im no legal adviser..sounds like a shoplifting charge so I am guessing the store charged you with stealing items from the store and you say you was arrested so im asumming you were charged with the crime of shoplifting or theft or whatever its called now in legal terms. Was you released on bail? or do you know if you were actually charged with anything since you really dont say in your post, and perhaps the store dropped the charges against you figuring the warning would scare you from doing it again..hard to say from what you have said. In regards to your rights I dont know the by what time they are required to give them to you but in order for an arrest to be made I would say they need to read them to you just prior to. I am assuming the items they found under your coat still had the security tags on them since you said it was a Kmart store, so did the detecting device at the door go off?? in regards to security cameras the security tags would be enough evidence to support the charge, but if the tags were taken off prior to checkout then they would be used to show the tags being removed but since you are saying it was overlooked then they should have taken in account that since most shoplifters are aware of security tags..good luck and happy Holidays and Im sure someone here can give you some advice......

[jnus]

hey z thanks for responding.

About the bail, i was released or as it was really...driven back to the parking lot where my fiance' was waiting in my car. I was just driven back without having to post bail or anything.

About the charge, i think it was called retail theft as i have received the papers for the preliminary hearing and also to come in to have my fingerprints done, which the officer was about to do when i was there in the station but chose not to for some reason after he took my picture with that thing I had to hold up.

As far as the tags, no alarm went off when I walked out so I dont know.

I was a little confused by what you meant when you said "then they should have taken in account that since most shoplifters are aware of security tags"?

Thanks again z and a happy holiday to you as well. If you have any other thoughts feel free.

Jnus

[Bravo8]

The store doesn't need to provide a videotape as evidence. Their observations of you are more than enough to prosecute.

There is no requirement to read your Miranda Rights until you were in custody (of the police, not store security) and you are being interrogated. Depending on the circumstances where the officer was "questioning" you, Miranda may or may not apply.

Regardless, unless you made an incriminating statement without being Mirandized (when and if you should have been), it is immaterial. The recourse would be the suppression of your incriminating statements. If you didn't make an incriminating statement, there is nothing to supress.

Forgive me for being skeptical, but I can't see how one forgets about $180 worth of merchandise, but pays for $17 worth. One or two small items I could understand, but $180? When I shop, I have an idea of what I am spending......$180 is hard to forget.

Retail Theft of more than $150 is a Misdemeanor of the First Degree (assuming you are telling the truth that it's a first offense......your fingerprints will prove or disprove your claim about your criminal history).

The maximum penalty for an M1 offense is 5 years in jail and a $5000 fine. If you really are clean (meaning no criminal history), the chances of you getting the max is slim to none.

You should discuss your case with an attorney and follow his or her advice.