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  1. #1

    Unhappy Shoplifting / Petit Larceny

    My question involves criminal law for the state of: Arizona
    Do you have any state cases or statutes related to this:

    A person goes into a store. He does not want to wait in exchange line, he is battered at home and needs to get home before wife gets angry. so he puts old purchase in a cart( the cart is for donation, but he does not pay attention) and he gets the right item and walks to the front entrance. He does not leave store as he is stopped by security and is arrested for petit larceny or shoplifting( depending on how AZ looks at it) He does not actually walk out with the product and he thinks he has done an exchange even if he has not. I need to know a case law and a statute that would help in getting him off in an appeal. I am a student and am not sure where to look and am asking for advice or at least a case or statute that I could look at for a starting point. What would be the issues?

    Thanks,

    4everstudent

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,559

    Default Re: Shoplifting/Petit Larceny

    The issue is: There is a customer service counter. Depending on store, you can do an Even Exchange at the cash registers.

    Your friend failed to do that. Ditched the item in a cart (if item existed), then grabbed another item and tried to leave. It's called shoplifting at this point.

    If he is being battered at home...may I recommend counseling or divorce?

    And that will not work for a defense - at this point, abused person is out on their own and can quickly call 911 or skip the store and go to the police....

  3. #3

    Default Re: Shoplifting / Petit Larceny

    I understand that. I have to prepare and appeal and find a loophole in the law. let us just look at shoplifting and here are the facts that I have:

    This is a pretend case:

    On July 8m 2010 mr. Kant was arrested for shoplifting at Billmart. Mr. Kant went to the Bilmart store on Wednesday July 7, 2010 and prchased a case of sox ounce cans of Hoover baked beans with bacon. Upon returning home, his wife told him it was the wrong can of beans and ordered him to return to the store to exchange the Hoover Beans for Handell Beans. When he arrived at the store the next morning he noticed the cusomer service line was extremely long. Inan effort sto save time, Mr. Kant put the can of Hoover beans in a shopping cart made his way to the bean aisle and added the case of Handell Beans to the cart. When he treturend to the customer service to make teh exchange, the line had n ot diminished. athe that time, Mr. Kant fearing the wrath of his wife should he not return home in time, placed th Hoover brand of baked beans in ashopping cart that looked like it was filled with returned mercandise in need of restocking. With the casse handell beans still in the shopping cart, Mr kant then proceeded to the exit doors. As he got close to the exit, he was approached and detained by security. The store security witnessed Mr. Kant actions. The police were called to the store. It seemed the cart int which mr. Kant had placed the Hoover beans did nto contain returned items to be shelved, but were rather donations to the Bilmart Commukity Food Drive. Offiers Kant and SLickman questioned Mr. Kant and then cited him for shoplifting.

    Issues: Was it Mr. kant's intent to deprive Bilmart of the Hndell beans or appropriate the same to himself. Disd Mr Kand-"wrongfully take, obtain, or withhod" the case of Handell beand from the Bilmart for himself therbycommitting shoplifting and 2 What would the Plaintiff have to convict our client of shoplifting?

    So in the "honest" pretend case I am working on I have to do an appeal and have not found anything that relates yet in my research. I was hoping someone or you could point me in the right direction. I have looked and looked like most people reseaching but have not come across a case law or statute in AZ that would be similar in nature.

    Thanks,

    4everstudent
    In the real world, I would agree with you!

  4. #4
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Shoplifting / Petit Larceny

    We don't do homework. But since I'm feeling generous today, the statutes are here: http://www.azleg.state.az.us/arizonarevisedstatutes.asp

    Title 13 is the criminal code.
    You probably wish to peruse Chapter 2, 3, 4, 5, and 18.

  5. #5

    Default Re: Shoplifting / Petit Larceny

    Thanks, I just wanted to make sure that I was on the right track I believe it all has to do with intent, and he did not intend or intentionally take the beans. So thanks and I guess I need to have more faith in myself! And I appreciate you being in generous mood! Much appreciated!

    4everstudent

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