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Retail Theft (Petit Theft)

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K

kuttan_b

Guest
What is the name of your state? FL

My firend was arrested for shoplifting from a retail store. She was not taken to court, but the Sheriff Deputy charged a case and notified her to attend the circuit court next month. This is her first offense in her entire life. she never had any problems, not even a traffic violation on her records.

She was shopping for a handbag and when she picked up some bags a price tag was broken, she picked up the price tag and stick it to one of the bag, then she paid for that bag. (The bags actual cost was $40 and the price tag she put was $20, amount she paid for that bag was $20+tax). After she paid, a security staff stopped her for shoplifting. They told that they have caught her on tape that she is altering the price tag. They called the County Sheriff and sheriff charged a misdemeanor case for "Retail Theft (Petit Theft)". The case sheet explain the situation like this "Defended removed the price tag from a $20 hand bag and place it on a $40 hand bag, then paid for the bag at $20". The Florida Statutes he referred in the case sheet is 812.014.

She is so upset. She could not able to sleep/eat after this incident. She is so scared of jail. So She want to know, what are the options She has in this case.

What would be the punishment if she pleaded guilty? Is jail time involved? Is there any way to avoid jail time? She is willing to pay any penalty and/or community work. Please provide some guidance in this. One of my friends told me that she might be able to get it to a prevention program/class. If so what would be the procedure? What are the chances of getting into that program? If that did not workout what would be the best alternative?

I checked the Florida Statutes (Online at http://www.flsenate.gov/Statutes/ ) and noticed that altering price tag comes under Florida Statutes 812.015 (for first time offense). The Florida Statutes referred in her case sheet is 812.014. Does this make any complication?

I know your time is valuable. I really appreciate your help.

Note:- After charging a misdemeanor case for "Retail Theft (Petit Theft)" the retail shop took the bag back and refunded the money($20+tax) back to her credit card.
 
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H

hgrego1015

Guest
O.K. here is the scoop for your friend. Plead No contest. That means that you neither admit nor deny you did it. There will be no jail time if this is her first offense or if she does not have a criminal record that will make her score out to jail time. There is a high probability that she will have to pay court costs, plus restitution to the store, and also probabtion/community service. Small price to pay for a mistake. I know from experience that it would benefit her if she would go ahead and write a letter to the store and include a money order for the cost of the purse. Keep a copy and also the money order receipt to show in court. The Judge will be impressed with her taking the initiative to go ahead and pay the restitution.
As for the statute number difference. 812.014 is the statute for theft in general. If it is retail theft then the officer will specify Petit Theft (Retail) on the charging doccument. In his probable cause he listed the price tag switch which is good enough. Hpe this helps.
 

dualwallpaper

Junior Member
need help

I just got caught putting a $22 hat in my bag. Security caught me outside the store by my car. He saw me stealing $26 wallet earlier in Dec. Cop gave me Criminal citation saying $48 stealing with 812.014 section for Petit Theft offense. This is my first time. I am on H1 visa. What should I do? Plead guilty or no?
 

dualwallpaper

Junior Member
I'm sorry But i really am scared

I'm sorry but im scared.. I deleted other posts. On my original post somebody replied me but i dint get that.. im waiting for another reply.. Can you please help me on my orginal post??

https://forum.freeadvice.com/other-crimes-federal-state-4/plz-help-im-h1-visa-got-criminal-citation-shoplifting-section-812-014-a-503616.html#post2482239


Once i get reply on original post, i will delete this replies too from this post..

Thanks for following up.. Thank you so much
 

cyjeff

Senior Member
I'm sorry but im scared.. I deleted other posts. On my original post somebody replied me but i dint get that.. im waiting for another reply.. Can you please help me on my orginal post??

https://forum.freeadvice.com/other-crimes-federal-state-4/plz-help-im-h1-visa-got-criminal-citation-shoplifting-section-812-014-a-503616.html#post2482239


Once i get reply on original post, i will delete this replies too from this post..

Thanks for following up.. Thank you so much
If the security guard caught you in December, this isn't your first offense. I would also plan on being charged for the original offense as well.
 

dualwallpaper

Junior Member
In dec, he just saw me stealing a wallet worth $26 and by the time he catch me, i left.. So when he catch me this time yesterday, he showed me my pic in his file from Dec and he told me that he saw me taking wallet in dec... On ticket it says, "The def was previously detected stealing a wallet from the business but could not be detained by the complaint."
 

cyjeff

Senior Member
In dec, he just saw me stealing and by the time he catch me, i left.. So when he catch me this time yesterday, he showed me my pic in his file from Dec and he told me that he saw me taking wallet in dec... On ticket it says, "The def was previously detected stealing a wallet from the business but could not be detained by the complaint."
So, plan on being charged for that as well.

Apparently, you are quite the thief.
 

dualwallpaper

Junior Member
1) So when you say charged, what does it mean?? you mean jail or fine or what?? Because i'm so scared of going to jail..
2) When i go to court, should i just plead guilty for both??
3) Any suggestion on what to do to make the case easier.. Like wear this or say this or write a letter or something like that..
 

cyjeff

Senior Member
1) So when you say charged, what does it mean?? you mean jail or fine or what?? Because i'm so scared of going to jail..
Okay, let's stop the hysterics.

I mean charged. Increased fines, increased community service and an inability to have this charge deferred are all possible.

2) When i go to court, should i just plead guilty for both??
No. Plead not guilty.

3) Any suggestion on what to do to make the case easier.. Like wear this or say this or write a letter or something like that..
Get an attorney.
Dress conservatively.
Stop stealing.
 

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