what did i steal?

[paythepiper]

What is the name of your state? ca
i make my living by recycling scrap metal, glass, wood, etc..i got a citation for petty theft for stealing "pallets" from a local home improvement store.
according to the Business and Professions code of california 22750.(b)
"Merchandise pallet" is a wooden or plastic carrier or
container, approximately 48 inches by 40 inches with a four-way
forklift entry, used by a manufacturer or distributor to transport
merchandise to retail outlets, which has a notice permanently affixed to it that does all of the following: (1) identifies the company name of the owner of the pallet; (2) notifies the public that the unauthorized possession of the pallet is a violation of state law; and (3) lists a telephone number or address for returning the pallet to the owner.
from the police report:
"there is no identifying labels or markings to indicate the "pallets" belong to or are the property of (the store).
i was only picking up the broken and discarded items, and had gotten permission to do so about 6 months ago. they are trying to say the total cost is $15.00/per item and i had 32. total value of $480.00. (bumps it past a misdemeanor). i only get $1-2/per. so if the officer plainly states there are no labels etc...wasn't it just scrap wood i had?

 

[hexeliebe]

I'm going to ignore the fact that you posted this question in more than one forum (VERY RUDE!) and tell you flat out that unless that 'permission' you got six months ago is in writting, you better cut a deal.

It doesn't matter what you get for the material, what matters is the actual value. And if it costs the store $15 per pallet to replace and/or repair the items, then that's what you are going to be charged with.

In the future, make damn sure you get any permission in writting, spelling out the exact condition of the items you are allowed to take (salvage) the location of the items and any other identifying marks that will help tell the difference.

The fault lies with you. Sorry. It's up to you to mitigate any possible damage and if there was any ambiguity you should have cleared it up before proceeding.