Shoplifting, Larceny, Robbery, Theft Shoplifing by a civilian dependent on a military base

[philr]

Jurisdiction

Virginia

I am retired military. My wife was stopped pushing her basket out of the BX on base. She received a civil letter of demand for $200 and a notice to appear in the Newport News, Va US District Court on 14 Dec 16.

(she takes 16 different meds for RA and claims to have been in a "mental fog")

Does she need to get an attorney?

Any advice would be appreciated, thanks.

 

[army judge]

I am retired military. My wife was stopped pushing her basket out of the BX on base. She received a civil letter of demand for $200 and a notice to appear in the Newport News, Va US District Court on 14 Dec 16.

(she takes 16 different meds for RA and claims to have been in a "mental fog")

Does she need to get an attorney?

Any advice would be appreciated, thanks.

If I were facing any criminal charge, I would certainly retain an attorney.
She doesn't need to have one, as she'll be convicted, attorney or not.
However, most attorneys can lessen the pain a conviction might cause her sooner or later.

One such expected pain, or disruption, is that she could be banned from the base for a year, or banned from NEX usage for a period of time, if she pleads guilty or gets convicted.
That alone, would cause me to hire an attorney, if I weren't one, myself.

That said, I represented a 10 year old grandson of a SGM, who served with me some years ago.
I did it as a favor to him.
I arranged for the Assistant US Attorney (these days that's a JAG officer) on most bases or posts, to dismiss the charge, allowing the kid to write an essay on honesty.
The kid was accused of shoplifting a candy bar.
I convim

 

[philr]

Thank you very much for helping us out, I'll tell her to get an attorney. Any idea of what she's looking at for punishment? First offense.

 

[army judge]

Thank you very much for helping us out, I'll tell her to get an attorney. Any idea of what she's looking at for punishment? First offense.

At most a fine, many times 40 hours of community service.
In the case of older, or disabled people, the community service might not be required.

It isn't the monetary penalty that should concern her, after all, money is just money.
It's the stain against her pristine, pure, name.
People without priors often receive a form of deferred adjudication, suspended sentence and 90-180 days of probation. She keeps her nose clean, follows the bidding of her PO, the judge can dismiss the charge, thereby restoring her good, clean name.

 

[philr]

Again, thank you very much.

 

[army judge]

She received a civil letter of demand for $200 and a notice to appear in the Newport News, Va US District Court on 14 Dec 16.

.

Hi, Phil. I overlooked the fact that your spouse received a demand letter and a summons to appear in federal court.

I suggest she pay the demand letter for $200, because that makes the criminal charge disappear. She should make the court appearance, inform the prosecutor she paid the demand, and hopefully the charge will be dismissed (or she'll be offered a deal) which causes the charge to disappear as I alluded to above.

 

[philr]

Hmmm, I probably should clarify that the letter is from AAFES and looks like a shoplifting service charge

 

[army judge]

Hmmm, I probably should clarify that the letter is from AAFES and looks like a shoplifting service charge

Roger that, I assumed it was NEX.
Yes, as a retired Army, I've used both fine facilities.
Nevertheless, they do send those demand letters seeking cash.
I've never seen a person get a demand letter and a summons.
In the civilian world, that's a NO NO, as people can't be pursued civilly and criminally for the same bad act.
For instance, I live near Ft. Hood, and have discussed this with the AUS (Army JAGS) and its never done on Ft. Hood.

Heck, I can't say I've seen it done on an Air Force base, either.
NEX hasn't done one for the Navy, nor have I seen one done by the Coast Guard or Marines, or to say I've ever seen it all.

It doesn't matter, Navy, Army, Marines, or Coasties; never seen a person get summonsed (akin to an arrest, or criminal charge), and receive a civil demand.

Good question to ask the AUS when she appears before the federal magistrate in a few days.

 

[philr]

AAFES is demanding (and will get) their $200 admin charge; the base took her ID and gave her a 1yr suspension letter (she has to go in and get a new ID w no AAFES OR DECA); plus the MPs gave her a ticket to appear in US District court w a charge of larceny (period) no amount or elaboration. All in about 45 min, they certainly have the drill down. She has an appt to see an attorney next week.

 

[army judge]

AAFES is demanding (and will get) their $200 admin charge; the base took her ID and gave her a 1yr suspension letter (she has to go in and get a new ID w no AAFES OR DECA); plus the MPs gave her a ticket to appear in US District court w a charge of larceny (period) no amount or elaboration. All in about 45 min, they certainly have the drill down. She has an appt to see an attorney next week.

Yes, loss of privileges is common, but not without due process.
She must have signed a confession, or gave a written statement.
Very strange.
MPs can't cite civilians, only detain them for DoD cops.
Only DoD sworn cops can arrest or cite civilians and military.
It might be wise to have her tell you everything, as best she can recall.
You write it down, if possible accompany her to the lawyer's office to help explain the chain of events properly.

You might make sure she visits her physician too, informs them about her "fog", and how it's impacting her life.

Something is making her behave oddly.