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was under citizens arrest at fry's electronics

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A

antifrys

Guest
Here are the facts. I am being charged with a crime of moral terpitude.

I was placed under citizen's arrest by fry's electronics loss prevention associates. They cuffed me and detained me in their surveillance room. I was scared and I confessed to switching the price tags on two items for a grand total shortage of $30 to fry's. I wanted to get out of there so i signed several documents including a statement of admission. I was handed over to the police and subsequently booked on charges of misdemeanor petty theft.

Now consider these thoughts.
This was my first offense.
If I am convicted of the misdemeanor offense it will go permanently on my record.
I will never be able to receive a top security clearance to work on government contracts.
My next arrest (god forbid) for theft will be a felony.
I have not seen the surveillance video which fry's claims to have.
I have been told that 5 aspects are required for shoplifting.
1. you need to observe them approach the merchandise
2. select it from the display
3. conceal the merchandise
4. pass a register and fail to pay for the merchandise
5. finally exit the store with the concealed merchandise.

I have admitted in writing to the offense.
The amount of the offense is small ($30).

I would like to just take responsibility for my actions and plead before the mercy of the court. Essentially I want to beg the judge and say "I know I've done something wrong, can you punish me in other ways, because I do not want to lose the option of someday working on government contracts."
I would like to persuay the judge with the fact that I am a good student, I do community service, I've never done anything like this before and never will again. Will the judge let me do hours of community service in exchange for an expungment?

But should I try to fight it on some technicality, even after considering that I've already signed a statement of admission? Is it possible that fry's did something procedurally wrong? Can I ask to see Fry's surveillance video to see if it actually shows the 5 aspects of shoplifting?


If you've made it this far... I thank you for your time. Any responses and I will be much obliged.
 


calatty

Senior Member
A confession and a videotape are pretty damaging evidence. Some states have diversion programs for first-time shoplifting offenses whereby you avoid getting a record. You need an attorney to fight for whatever favorable options are available to you. Do not count on the mercy of the court. Your attorney will know or research whether switching price tags is shoplifiting or any offense in your state.
 

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