Shoplifting, Larceny, Robbery, Theft Unfortunate Shoplifting

[PilotJack]

Incident: Me and my wife shopped around at a grocery store in Florida and as we walked out of the store with a cart, I realized some merchandise was not placed in grocery bags and were lying beneath the store flyer. As I picked the merchandise, and my wife proceeded towards her car, a security agent called me from behind and said that I was taking merchandise which was unpaid for. I realized this and said sorry. But he siad "You have to come inside as you was holding the merchandise and is considered as theft." I started explaining but he called the manager and he in turn called the cops. The cop was in no mood to listen to my explanantion and said "Sir, if you say another word, I'll take to the police station, and you are in mess." I did not say a word. The cop gave me a Notice to Appear in COurt.
The merchandise worth was $40 and the notice reads "The defendent intentionally took goods from xx store. He exited the store passed all cashiers and did not pay for the estimated $40.00 worth of items. State Statue 812.014 (3a)

I want to plead not guilty. (a) what are my chances that the case will be dismissed at the first instance. I have absolutely a clean record. (b)If I hire a reputed attorney, can he work with the prosecutor to dismiss charges before it gets to the court date.

Your help is much appreciated.
Thanks

 

[CdwJava]

(a) what are my chances that the case will be dismissed at the first instance. I have absolutely a clean record.

The chances are almost nil. The DA is not in the habit of dropping cases for no reason.

(b)If I hire a reputed attorney, can he work with the prosecutor to dismiss charges before it gets to the court date.

Well, he can work with the DA to achieve a reasonable plea deal that might involve a deferred entry of judgment (meaning if you keep your nose clean it might go away). A good attorney MIGHT be able to convince a DA that the case is weak and a waste of time, but don't count on it. My guess is that the loss prevention personnel observed some act on your part that they believed consistent with intentional theft, so unless they observed absolutely nothing AND have nothing on tape to indicate theft, this matter will at least go to a preliminary hearing.

- Carl

 

[mafioso]

Your story sounds convincing………..But then, that is your side. Just to add to Carl's advice…, if they have a tape it would make or break your case. The cost of a lawyer or his reputation cannot help you win such a case…….it all depends on what the tape shows if there is a tape. If there is no tape showing you acting suspiciously, your lawyer can get them to dismiss the charges or go to trial. Your best bet is if it is his word against yours…………..In petit theft cases, clean records are not viewed as evidence that you can't steal. Everyone has probably unknowingly stolen a pen somewhere…..It does not change a thing…………there is always a first time. It would help in your plea or sentence only. More so, differed judgment Carl mentioned would result in the case being dismissed. But it would say in a background check it was a result of a plea not a finding of "not guilty". It still means you were guilty to employers…… So if your chances are good, go to trial and don't try a short cut. The only way of having a clean record is to expunge your record when acquitted. Some states would let you expunge such misdemeanors after a couple of years………..Talk to your lawyer about your chances and how to expunge or seal records based on the strength of your case. Your lawyer wojuld request the tape and evaluate the strenght of the case against you during announcement settings.

 

[PilotJack]

Thanks for the reply. From what I hear from you, it is the tapes that would make or break my case at the end. I think I've no problem with that (because I know the truth) For sure, there are cameras in the store. Can you please answer these two questions further (1) But, how can one determine someone acting suspiciously. I may be just looking around as many shoppers do and (2) If the case goes into trial will this store keep all the video tapes until that time which is probably months from now. That is a lot of data to store for a store of that size, or is it that the store hands over the tapes to cops after such incidents right there.

 

[CdwJava]

Thanks for the reply. From what I hear from you, it is the tapes that would make or break my case at the end.

Not so. Testimony can also make or break a case. If the store personnel observed you apparently concealing products, then that could be enough.

(1) But, how can one determine someone acting suspiciously. I may be just looking around as many shoppers do

Training and experience ... actions ... activity ... there are a host of things that can be articulated.

(2) If the case goes into trial will this store keep all the video tapes until that time which is probably months from now. That is a lot of data to store for a store of that size, or is it that the store hands over the tapes to cops after such incidents right there.

It depends on policy. In some places, the store will pull and hold on to the tape, in others the police will seize the video.

- Carl

 

[mafioso]

My advice to you is based on a defense perspective…….It is true that what a store worker claims can hurt your case as Carl says. But the burden of proof is on them. You would not be convicted if they don't prove you guilty beyond a reasonable doubt. Your lawyer just has to create a doubt which is easier without a tape……you have a clean record. Without a tape they would have a hard time if they have just one witness. However, if there are many witnesses who claimed to have observed you acting suspiciously, then you have a problem. You would however know the name of all witnesses from the police report during discovery. You would also know if there is a tape. In 90% of the cases, if there was a tape running, the store would make a copy for the cops and DA. It very easy to make a copy no matter how big the store is. All what they do is sit on the computer and set the time frame from when you entered the store, to when you were arrested. It would print a CD. It takes may be 4 minutes…….Some hard drives can back up even a year of data. It is modern technology unless it happened at smaller lesser known stores…..were they don't invest on security…. A store would not turn you over to press charges without saving the video if they have one.

Talking about acting suspiciously, you can tell when you see the tape. To give you an example, you might consider………….I looked left and right in a split second and picked an object from the floor and paced towards the door looking worried or observing ……Hard to explain. But if the item you picked was near the rest of your stuff, it could be argued you made a mistake….But again, what were you doing when your wife walked out……all that will tell your intentions from the tape… But again, if the video shows you consciously seeing your wife pick what you paid for, and you remained and picked something which was not rung…………that would be bad. Big stores usually have 3 angles on their cameras………..once you see the video yourself, you would know if you have a chance. Your lawyer would get it if it exists.