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Arrest Warrant, No request to appear

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goldgal31

Guest
My cousin went through her sister's line at a grocery store. She's a cashier. The sister didn't charge for all the items. The total charged was $44. The total of all the items were $104! Can my cousin be arrested or charged with theft? She put everything up there to be scanned. If so shouldn't the value of the items be the difference of what was paid? They're saying it was $100 theft! Please advise. This is in the STate of TExas.
 


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snugglebuggg

Guest
Really it doesn't matter how much they say it was..She committed a crime and she's going to get in truble no matter if it was just one dollar. Has she been in court yet? If she has then they probably added court costs to it...
 
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jimmy40

Guest
the same thing happened in my town, kmart I believe. Relatives going through lines and not getting charged for the full amount. They hammered them pretty good. Even though she put the items on the counter does not give her an excuse. In your statement she knew that the five finger discount was being applied and that makes her as guilty as the one doing the scanning of items. That's like saying, I stole a bracelet off the shelf and hand it to you for you to carry out the door for me. Because you didn't actually take the item off the shelf yourself, you should be excluded from prosecution. Guilty as charged.

I'm not a lawyer or connected with any law office of police official. Just an innocent bystander.
 
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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Depending on how the prosecutor will handle it: she may either be charged as a principal or an accessory. How can any normal person not know the difference between a number of items really totaling 44 and those totaling 104?

Here are some things to read from the Texas Code:
http://www.hyperindex.com/scripts/search.exe/_hits?dn=PENALCO&show=4&no=196&scope=SENTENCES&host=1&keyor=&rpt=&mode=viewer

http://www.hyperindex.com/scripts/search.exe/_hits?dn=PENALCO&show=4&no=198&scope=SENTENCES&host=1&keyor=&rpt=&mode=viewer

http://www.hyperindex.com/scripts/search.exe/_hits?dn=PENALCO&show=4&no=205&scope=SENTENCES&host=1&keyor=&rpt=&mode=viewer

 
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goldgal31

Guest
Arrest Warrant, No request to Appear

They were both acquitted! LawRat, I trust your judgement. The others (snugglebug, jimmy40, etc.) are just perusing this site to find topics to comment on which they know nothing about.
 
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snugglebuggg

Guest
All I have to say is I'm not stupid enough to not scan items...so keep your comments to yourself...If you bring a question here to be answered don't expect everyone to be happy go lucky...If someone did something wrong then they need to be punished if it was a honest mistake then maybe they'll learn from it...
 

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