Shoplifting, Larceny, Robbery, Theft Guilty, but first time offense, questions about ticket.

[Dovetail]

Hi, I got stopped last night shoplifting, and was told if I gave over the merch. they wouldn't call the cops. I never intended to steal and had just forgotten the items in my pocket, but that's beside the point. I live in Missouri and have been trying to find exactly what law I broke(i was never arrested, just detained) The ticket said Ord. 58.152 but I can't find anything about it ANYWHERE. I'm going tomorrow to find a lawyer/legal aid society that can give me advice on how to reduce the fees and take care of my record, it's my first offense and I'm not a thief by any means. What are some questions I should ask, and how should I best go about "damage control?" Also, when escorted out I was told I wasn't allowed in the store again or their parking lot, but there are other stores there also, am I banned from parking by them? what about every other of this store? do they really keep track state wide? It isn't a major store and I can certainly live without it but I'd like to put my mind at ease and hope I didn't totally f- my record forever.

 

[thelawjournal]

Here is your states shoplifting law

629.365 Definitions.

Subdivision 1. Applicability. In this section and section 629.366 the terms defined in this section have the meanings given them.

Subdivision 2. Merchant. "Merchant" means a person who owns, possesses, or controls personal property with authority to sell it in the regular course of business at retail or wholesale.

Subdivision 3. Person. "Person" includes an individual, a partnership, corporation, or association.

629.366 Theft in business establishments; detaining suspects.

Subdivision 1. Circumstances justifying detention.

(a) A merchant or merchant's employee may detain a person if the merchant or employee has reasonable cause to believe:

(1) that the person has taken, or is taking, an article of value without paying for it, from the possession of the merchant in the merchant's place of business or from a vehicle or premises under the merchant's control;

(2) that the taking is done with the intent to wrongfully deprive the merchant of the property or the use or benefit of it; or

(3) that the taking is done with the intent to appropriate the use of the property to the taker or any other person.

(b) Subject to the limitations in paragraph (a), a merchant or merchant's employee may detain a person for any of the following purposes:

(1) to require the person to provide identification or verify identification;

(2) to inquire as to whether the person possesses unpurchased merchandise taken from the merchant and, if so, to receive the merchandise;

(3) to inform a peace officer; or

(4) to institute criminal proceedings against the person.

(c) The person detained shall be informed promptly of the purpose of the detention and may not be subjected to unnecessary or unreasonable force, nor to interrogation against the person's will. A merchant or merchant's employee may not detain a person for more than one hour unless:

(1) the merchant or employee is waiting to surrender the person to a peace officer, in which case the person may be detained until a peace officer has accepted custody of or released the person; or

(2) the person is a minor, or claims to be, and the merchant or employee is waiting to surrender the minor to a peace officer or the minor's parent, guardian, or custodian, in which case the minor may be detained until the peace officer, parent, guardian, or custodian has accepted custody of the minor.

(d) If at any time the person detained requests that a peace officer be summoned, the merchant or merchant's employee must notify a peace officer immediately.

Subdivision 2. Arrest. Upon a charge being made by a merchant or merchant's employee, a peace officer may arrest a person without a warrant, if the officer has reasonable cause for believing that the person has committed or attempted to commit the offense described in subdivision 1.

Subdivision 3. Immunity. No merchant, merchant's employee, or peace officer is criminally or civilly liable for any action authorized under subdivision 1 or 2 if the arresting person's action is based upon reasonable cause.djdurant
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[Dovetail]

Thanks for the quick reply, any advice on my other questions?

 

[thelawjournal]

can give me advice on how to reduce the fees and take care of my record

Ask your Lawyer if your county has a Diversion program

Also, when escorted out I was told I wasn't allowed in the store again or their parking lot, but there are other stores there also, am I banned from parking by them?

If its not their property they have no say so. Its also doubtful they have attendants searching parkin glots for banned persons cars

do they really keep track state wide?

they can if they choose but might be costly

It isn't a major store and I can certainly live without it

Then perhaps thats what you should do