Re: Shoplifting in Pathmark
How old is your sister? Does she have any previous criminal records?
Re: Shoplifting in Pathmark
She is 36 years old, with no previous record. Also, she said that they filled out paperwork in pathmark with her information off her drivers liscence and also their information, she said that one person said she was supposed to sign the paper and left and they other person there never had her sign it. Would anyone know about signing the paperwork from pathmark?
Re: Shoplifting in Pathmark
It may have been an agreement that she would not return to the store, under threat of being charged with trespassing.
The reason they're suspicious of her is that this is not a unique thing. People frequently use infants and toddlers as an excuse when they are caught "forgetting" to buy items in the bottom of a grocery cart or stroller, or items they put in a bag they were carrying. This, of course, makes it hard for those people who are telling the truth.
Re: Shoplifting in Pathmark
Quote:
Quoting Mag484
Would anyone know about signing the paperwork from pathmark?
It might be a contract for her to never enter the store again. And it could be a contract where she admits responsibility and agrees to pay a store fine.
The law does not erase or 'expunge' criminal record information in New York State. But State law does allow the courts and DCJS to 'seal' information about any case that was dismissed or that was otherwise terminated in your favor.
It would be good for her to retain a lawyer. If she can not afford a private one get a court appointed one. She might want speak to the lawyer on pleading "not guilty." If the store shows up for the formal hearing, she might want to change it to "guilty" but requesting a lesser charge.
Re: Shoplifting in Pathmark
From New York statutes:
S 155.05 Larceny; defined.
1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.
2. Larceny includes a wrongful taking, obtaining or withholding of another`s property, with the intent prescribed in subdivision one of this section, committed in any of the following ways:
(a) By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses;
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It would be a good idea for her to consult with an attorney.
Also she can expect to get a letter from Pathmark (see the following).
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§ 11-105. Larceny in mercantile establishments. 1. When used in this section, the term "mercantile establishment" shall mean a place or vehicle where goods, wares or merchandise are offered for sale or a place or vehicle from which deliveries of goods, wares or merchandise are made.
2. When used in this section, the term "larceny" is an act heretofore defined or known as common law larceny by trespassory taking as defined in paragraph (a) of subdivision two of section 155.05 of the penal law committed against the property of a mercantile establishment.
4. In any proceeding brought under this section the burden of proof shall be by a preponderance of the evidence.
5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of:
(a) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus
(b) a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
7. A conviction or a plea of guilty for committing larceny is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this section.
8. The fact that an operator of a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such merchant to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages and penalties prior to the commencement of any legal action.
10. An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction.
11. The provisions of this section shall not be construed to prohibit or limit any other cause of action which an operator of a mercantile establishment may have against a person who unlawfully takes merchandise from the mercantile establishment.
12. Any testimony or statements of the defendant or unemancipated minor child of the defendant or any evidence derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be inadmissible in any other court proceeding relating to such larceny.
(Sorry for the length of the post, I did edit irrelevant information.)
Also see info. link on penalties for New York:
http://www.omh.state.ny.us/omhweb/fo...l/chapter1.htm
Re: Shoplifting in Pathmark
Well, they never told her what the paper was about and she never got to see it. She said when the woman told her that the stuff was under her cart that she had realized she forgot it and went to go back to pay and they refused to let her, so is it still considered shoplifting if she never left the store and she went to go back to the registers? Also she said they accused her of putting items that were not paid for into shopping bags, but they went through all the shopping bags and her reciept, everything was paid for in the bags.
Re: Shoplifting in Pathmark
Quote:
Quoting Mag484
Well, they never told her what the paper was about and she never got to see it. She said when the woman told her that the stuff was under her cart that she had realized she forgot it and went to go back to pay and they refused to let her, so is it still considered shoplifting if she never left the store and she went to go back to the registers? Also she said they accused her of putting items that were not paid for into shopping bags, but they went through all the shopping bags and her reciept, everything was paid for in the bags.
Mag, as you see from the statutes that I posted, "1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof."
The fact that she didn't leave the store yet, doesn't matter (it looked as though she was going to take the items without paying for them).
She may not have intended on taking the items, and it may have been an honest mistake, but the store doesn't know that for a fact.
She should consult with an attorney and see if she can get it reduced to a lesser charge. Also as I stated in the previous post, she can expect a civil fine from the store.
Re: Shoplifting in Pathmark
If she is found guilty, what is the worst that can happen to her?
Re: Shoplifting in Pathmark
Quote:
Quoting Mag484
If she is found guilty, what is the worst that can happen to her?
Did you follow the link I provided? (See misdemeanor.)
Keep in mind that is the max. that she could get. It is possible that she will only receive a fine, community service and probation.