Retail fraud 1st degree

[pazion]

I have recently been charged with retail fraud 1st degree, two counts. I was apprehended inside a retail store and the items taken came to about $325. The security personnel threated to take me to jail, etc., if I didn't allow him to come back to my home and search it for additional merchadise that he believed I had taken. I agreed only because I had my 2 year old son with me (please don't judge me, it was stupid but you don't know the situation I was in...I was trying to feed my family). At any rate, I allowed them to search my home. The security guy took everything and anything he felt could have been from his store and accused me of taking other things that he felt he had on video tape. He felt I was steeling things because he saw me looking at them on the store camera and didn't see me put them back down. He didn't apprehend me at that time to be able to accuse me of anything. He feels because he took things from me in my home that I should have another count against me, thus, accusing me of shoplifting at another time as well. Is this valid?

Also, the total amount, even if he added in the other items he took from my home (that were not stolen) are alot less that $1000. So why am I being charged with 1st degree? I don't understand! :cry:

[Anonymous]

If you can demonstrate that you purchased the items they claim were stolen, that portion of the charge should be dismissed. Also, depending upon the governing law, the prosecutor may have the obligation to prove that the alleged theft occurred at a particular time and place - and the security guard's gut feeling probably won't satisfy such a burden.

Even if you don't have receipts, most stores maintain purchase records for a considerable time after a purchase, and records may also be available through a credit card company if you paid by credit card.

The police report should indicate in some manner how the $1,000 figure was reached. Unfortunately, all I can do is guess, which doesn't do you any good.

You should be eligible for a court appointed lawyer, and it would be a very good idea to apply for an appointed lawyer if you have not yet done so.

[pazion]

Unfortunately, I paid w/ cash as I always do and I NEVER keep receipts. They are usually tossed as I am walking out the door when I know it's something that will definitely not be returned. And to be honest, I can't even remember a specific date that these things were purchased as it was so long ago Isn't the burden of proof on him though to try and prove these items weren't paid for? My problem is, a video tape or store camera doesn't catch everything. If he is accusing me of picking something up, looking at it and not seeing me put it back down, doesn't that mean that EVERYONE on earth is guilty of shoplifting? Camera's can't catch everything and I feel I'm being faulsy accused on that count

I haven't stepped forward at this point to take responsibility of what happened. I have a very dear friend who is a police officer of 15 years that is helping me do the right thing. There is a warrant out for my arrest and I plan to turn myself in on Monday (tomorrow). At that point, I plan to plea not guilty and request a court appointed attorney. I'm just very worried though....do you think I will be doing any jail time? I do have one prior offense of the same nature but it was proven that I didn't have anything to do with what was happening with the other parties I was with. They dropped it to a misdemeanor and I was 17 years old. I am now 33. Could that perhaps be why they are calling it 1st degree? I'm so confused Even more so, scared I have so much to lose right now

[Anonymous]

There are a number of factors which could affect whether or not you would get jail time. I would venture that many of those factors (e.g., your age, the time since your last conviction) weigh against jail. Unfortunately, though, you can only get a good, informed answer to that question from your lawyer once the lawyer has reviewed the charges and other relevant aspects of your situation.

[sisi]

I'm a chinese lawyer.
Excuse me .In fact ,I don't really know about American criminal law .what I could do for you is givng advice about procedural issues.My English is not good .but I wish my advices could help you a bit .



To my opinion ,the searching of your home was unlawful ,so that the evidences they had got should be excluded ,this means ,they could not charge you whith such evidences they had got in your home ,the court shoud not take them in .

Of course,you shoud deny that you had stolen them .

Even if such evidences were lawful ,
you have not to prove that you did not steal them ,on the other hand ,they have to prove that you did steal them.

Of course,you should claim you had bought them by cash .

At last,aaron is right ,you shoud get advice from your lawyer .

If you were poor enough to hire a lawyer to help you ,you could get help from the goverment,they should provide you an counsel without fees ,or they shoud provide money for you to hire a lawyer .


Good luck.

[pazion]

I thank you so much for responding. I had thought the same thing myself and plan on doing what you advised. I'm still unclear though as how they got two counts against me. My friend, who is a cop of 15 years, seems to think they are trying to squeeze in the video tape of me in the store. Yes, I was there, but there as a shopper, not as a shoplifter.

[sisi]

Excuse me,for my English is realy not good .
I'm afeaid if the video tape had contained evidences which could deny your claim.

I thought you could get an attoney and he could exchange evidences with them ,that is to say ,they should demostrate their evidences at certain time
then you could find what the video tape is .

[pazion]

I went and turned myself in today and they judge gave me a PR bond (awesome) and I have to go to a pretrial on the 16th of this month. From the police officers I've talked to who are very familiar with court, they have said that the first count will most likely be dropped and secondly, I may be able to file charges against the security personnel for his threats of blackmale to allow him to come into my home. At this point, still, anything is possible. I certainly appreciate all the time you two have put into helping me "breath" a bit here and answer my posts. Thanks much I'll keep you posted!

[sisi]

Excuse,pazion,I had to tell you that the evidences the gay had got from your home are not usually invalid according to law. I ,d found that today.

[pazion]

My attorney requested all the evidence against me from the prosecuting attorney and told me Friday that the first count will be dropped as the security personnel doesn't have a leg to stand on. He also told me that I would be retrieving my property back that he took from my home. We are also filing a civil suit against him for unlawful entry and blackmale to gain that entry. My attorney stated we have a very strong case against him as he threatened to take my son away from me and put me in jail, only things a state officer can do, not a store security officer. We'll see though. We go for my prelim this Friday. My attorney has been in contact with the PA and has offered a delayed sentence pending I don't get into any more trouble while on probation. I won't know what he offers until Friday though.