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Caught Shoplifting, $2 Value

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  • 04-30-2011, 12:45 PM
    nyorker2
    Caught Shoplifting, $2 Value
    My question involves criminal law for the state of: NY

    Hi people, my mom got caught for forgot to pay for $2.6 slices of meat and owner asked for $100 penalty and called the cops and was sent to police station for three hours. The truth is, my dad was sick and was sent to hospital next day because of liver problem and calling my mom nonstop at the day of incident because three children at home and he couldnt take care of because of the pain. Anyhow, we are honest people, i think owner of supermarket just trying to take an advantage of this scene, they should have stopped her before left the premise instead they waited until a block away and screaming out-loud. My mom said sorry for the mistake repeatedly and cops offered to release my mom and asked for video of surveillance system but supermarket owner refused to show and asked cops to lock up my mom. I asked people in my church, rumor is supermarket owner usually do this on purpose, they let go of shoplifters when they pay 50 times of penalty on the value of item. My mom has no history of any criminal record, whats the worst judge could hand out for this case? Thank you all for advices.
  • 05-01-2011, 06:54 AM
    flyingron
    Re: Caught Shoplifting, $2 Value
    The store can make a civil demand for the damages caused by the shoplifting. Those damages go beyond the cost of the item stolen. Some states either cap it or provide an easy limit and I am unfamiliar (and not going to look up) NY. They can sue her in criminal court (which will also entail her being sued for legal fees).

    As for the criminal charge, all the store can do is make the complaint. The prosecutor will determine if it will go forward. He will show there is probable cause and the trial will set. If she is contacted by the police at all, she should have a lawyer before talking to them.
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