Wrongfully Detained for Shoplifting, but Admitted to Sheriff's

My question involves criminal law for the state of: California

Note: I am a female, 3.4 GPA student, 18, no record.

Situation:
I walked into Target with a friend. I took a dress, shirt, and pair of shorts off the rack (Valed at $60.53), then a bigger dress on top of everything I intended to take to take attention away from me. We walked to the men's section where there are no cameras, and I put the dress, shirt and shorts in by backpack. There is no one present besides my self and my friend. My friend hides a shirt in the breast of her jacket. Walking away from the men's section, I put the bigger dress on a rack in clear view of the camera's and begin to head for the door :wallbang:
Walking out the store, we're approached outside by two men. Both are in casual attire, no Target logo, no badge, and neither one of them identified themselves as employees of Target. Because the loss prevention room was on the opposite exit of Target, we all walked towards the opposite end. I'm guessing they assumed I was walking with them, when in fact...I was walking toward my destination with the intent to leave. As we walked, they only asked us what we we're doing, how old we were...to which I replied.."Nothing" and. "17" (Yes, I was dishonest). As we approached the entrance where the Loss Prevention is stationed, one of the men began to lean on me and pull on my arm, pushing me towards the door. I kept walking straight until he said "We're going in here". I replied, "What are you talking about...I'm not going anywhere". (foolish, I know:( ) As I kept walking straight, away from the door...I was pulled by my backpack by one of the men, and being strongly pulled by my arm by the other man. For a good 45 seconds to a minute, I was being pulled and yanked by these two men who still never identified themselves, directly in front of the Target entrance. During the brawl, I accidentally kicked one of the men to the ground:confused:. My phone was snatched from my hands and I eventually stopped moving. I was later taken into the Loss Prevention room, where I gave my information and the police we're called. When the Sherrif's arrived, I admitted to stealing but said I didn't enter the store with the intent to do so. The Sherrif's told me Target wasn't going to file charges against me for robbery or assault because of kicking one of the men which astonished me because, though I knew was wrong to steal, I felt I was wrongfully apprehended, but in my shame...I believed everything they said to be true! I heard one of the men mention to the Sheriff that they didn't have anything on video, and the Sheriff replied they didn't need it on video..(I assume because I admitted guilt).

Currently, I have a court date issued for May 6, and would like to know how I should go about fighting this? I've made the life decision to never steal ANYthing as long as I breathe, but nothing means more to me than my record--expunged isn't a top choice either considering it could still severely impact my future! How should I approach this? Could the apprehension work in my favor? What steps should I take? Should I focus on lack of evidence or did my admitting guilt ruin my chances? ANY and ALL help or comments would be greatly appreciated!:confused:

http://rockinjoe.hubpages.com/hub/5-...ut-Shoplifting

These also raise a lot of questions for me.

Your conduct when the LP officers attempted to detain you could play a significant role in the type of plea bargain a prosecutor is willing to offer. I'm not sure what you imagine the "lack of evidence" to be - you were observed stealing by LP officers, you fought with them when they attempted to detain you, and you confessed to the police. (You seriously want us to believe that "As we approached the entrance where the Loss Prevention is stationed, one of the men began to lean on me and pull on my arm, pushing me towards the door" you didn't know what was going on?)

In my opinion you should retain a criminal defense lawyer.

Quote:

---

Quoting akilah

---

These also raise a lot of questions for me.

---

A lot of that stuff is just plain wrong.

Alright, Thank you.

I would like to note that I was never observed. The officers did NOT see me in person, or have video evidence. I fought because neither of the men identified themselves to me, which I believed to be a must in any shoplifting situation. When we came towards the Loss Prevention entrance, I kept my pace of walking as the LPO's slowed down, and I was in fact grasped by the arm as the LPO in an attempt to turn me towards the entrance. Your answer feels a little judgmental and sarcastic, however I only seek professional, helpful answers. Thank you.

They only needed probable cause to detain you. You did something to cause them to have probable cause and that is all that is required. Take a look at the link in my signature - "Detaining Shoplifters.

You will likely receive no leniency as you were part of a theft team, that was likely only caught the first time. A 3.4 GPA should mean you are to smart to steal, unless it is at an online college. It will be meaningless to the judge.

This answers a lot, thanks!

Quote:

---

Quoting akilah

---

For a good 45 seconds to a minute, I was being pulled and yanked by these two men who still never identified themselves, directly in front of the Target entrance. During the brawl, I accidentally kicked one of the men to the ground.

---

Did you still have the stolen property in your possession at that time? If so, what you managed to do was turn a petty theft shoplifting into attempted ROBBERY by force or fear! A very serious and violent felony (a strike-able offense) that has the potential for state prison time ... though unlikely, it is possible and it is a potential strike.

Quote:

---

When the Sherrif's arrived, I admitted to stealing but said I didn't enter the store with the intent to do so.

---

No burglary then ... unless of course you had no money or way to pay for anything.

Quote:

---

Currently, I have a court date issued for May 6, and would like to know how I should go about fighting this?

---

You are lucky as heck if they are only charging you for petty theft shoplifting! If you choose to fight this, keep in mind that the DA might decide to amend the complaint to include robbery. Keep that in mind.

When you are assigned legal counsel, you might be able to agree to some form of diversion (if this is available where you are). This might keep this from getting on your record. You appear to have no real defense to the case since you were clearly observed stealing and then fought to escape.

Your admission also hurts you.

In addition to any fines and associated fees you will have to pay as a result of a conviction, Target will also send you a civil assessment of up to $500 that you will be expected to pay.

Quote:

---

Quoting akilah

---

Your answer feels a little judgmental and sarcastic, however I only seek professional, helpful answers.

---

Be sure to tell the judge and prosecutor that your resent their judgment. For goodness sake, you're a thief - that invites judgment.

Quote:

---

Quoting Mr. Knowitall

---

Be sure to tell the judge and prosecutor that your resent their judgment. For goodness sake, you're a thief - that invites judgment.

---

What's your intent? Your wasting both your time and mines. Goodbye.

Quote:

---

Quoting cdwjava

---

Did you still have the stolen property in your possession at that time? If so, what you managed to do was turn a petty theft shoplifting into attempted ROBBERY by force or fear! A very serious and violent felony (a strike-able offense) that has the potential for state prison time ... though unlikely, it is possible and it is a potential strike.


No burglary then ... unless of course you had no money or way to pay for anything.


You are lucky as heck if they are only charging you for petty theft shoplifting! If you choose to fight this, keep in mind that the DA might decide to amend the complaint to include robbery. Keep that in mind.

When you are assigned legal counsel, you might be able to agree to some form of diversion (if this is available where you are). This might keep this from getting on your record. You appear to have no real defense to the case since you were clearly observed stealing and then fought to escape.

Your admission also hurts you.

In addition to any fines and associated fees you will have to pay as a result of a conviction, Target will also send you a civil assessment of up to $500 that you will be expected to pay.

---

THIS answer was exactly what I was looking for, thorough and informative..a million thanks!

My intent is to point out that you're a whiny crybaby. I gave you an accurate answer and it didn't cost you a penny.

If it hurts your feewings that people recognize you as a thief, well, that would be your fault.

Akilah,

When you go before a court the proper demeanor will include contrition and regret. Defiance or cross accusation may get you little more than a more serious penalty than might otherwise have been applied. The attitude that you have displayed here to Mr. Knowitall will not benefit you at all in court.

As I mentioned, you are darn lucky they didn't hook you up and take you to jail. Either the store staff downplayed that aspect, the deputy was green or lazy, or there were some other issues involved ... had it been me, you'd have likely been booked into the county jail on charges of strong arm robbery.

You did, in fact, bring this on yourself. Hopefully you are honest in your proclamation that you are done with stealing. Experience tells me that such a proclamation is more an explanation of regret at being caught and since it is not an understanding that what you did was WRONG, it is less likely to have a long term hold on your psyche. I hope that I'm wrong and that you are done ... because we both know that this was not your first offense - just the first time you may have been caught with the police involved.

Go forth and steal no more.

Quote:

---

Quoting Mr. Knowitall

---

My intent is to point out that you're a whiny crybaby. I gave you an accurate answer and it didn't cost you a penny.

If it hurts your feewings that people recognize you as a thief, well, that would be your fault.

---

Sounds like there IS a crybaby among this post, but thanks for all your....help................

Quote:

---

Quoting cdwjava

---

Akilah,

When you go before a court the proper demeanor will include contrition and regret. Defiance or cross accusation may get you little more than a more serious penalty than might otherwise have been applied. The attitude that you have displayed here to Mr. Knowitall will not benefit you at all in court.

As I mentioned, you are darn lucky they didn't hook you up and take you to jail. Either the store staff downplayed that aspect, the deputy was green or lazy, or there were some other issues involved ... had it been me, you'd have likely been booked into the county jail on charges of strong arm robbery.

You did, in fact, bring this on yourself. Hopefully you are honest in your proclamation that you are done with stealing. Experience tells me that such a proclamation is more an explanation of regret at being caught and since it is not an understanding that what you did was WRONG, it is less likely to have a long term hold on your psyche. I hope that I'm wrong and that you are done ... because we both know that this was not your first offense - just the first time you may have been caught with the police involved.

Go forth and steal no more.

---

It's true, this is not my first time taking something without the intent to purchase, but it WILL be my last. I have felt regret, shame, remorse, and even anger. But not towards anyone but myself. It was my decision to steal, and I now understand that ALL actions have consequences. I never dreamed stealing could permanently impact my future, my career, or my general well being. When I brought my question here, I sought nothing except professional opinions and comments on my situation from a legal view. I didn't seek judgement, or unwanted comments about my character which is precisely what I got from Mr. Knowitall.

But, your actions WILL result in judgement. You may not like the label, but it is one that you applied to yourself. Others will use it as well - future (potential) employers, friends, the justice system, many others. You can overcome it, but life will be very difficult indeed if you don't acknowledge the fact that others will define you by your actions - at least for a time.

If you are fortunate all you will face will be petty theft ... and a hefty fine, probation, and a large civil assessment. But, contrition and sucking it up when/if the prosecutor of judge calls you a thief will go a long way to softening the potential impact of this.

She's not worth the effort.

Quote:

---

Quoting cdwjava

---

But, your actions WILL result in judgement. You may not like the label, but it is one that you applied to yourself. Others will use it as well - future (potential) employers, friends, the justice system, many others. You can overcome it, but life will be very difficult indeed if you don't acknowledge the fact that others will define you by your actions - at least for a time.

If you are fortunate all you will face will be petty theft ... and a hefty fine, probation, and a large civil assessment. But, contrition and sucking it up when/if the prosecutor of judge calls you a thief will go a long way to softening the potential impact of this.

---

It's a little hard to take, but I do have to face it...thanks cdwjava :)