I am wondering what the fines will be in a situation like this. I am in Phoenix AZ and shoplifted $148 worth from Kohl's. Does anyone know how Kohl's handles something as minor as this?
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I am wondering what the fines will be in a situation like this. I am in Phoenix AZ and shoplifted $148 worth from Kohl's. Does anyone know how Kohl's handles something as minor as this?
I would not call a $148.00 theft minor. Were Police called? Do you have a court date?
...and how old are you?
Arizona
13-1805. Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; classification; public services in lieu of fines
A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, such person knowingly obtains such goods of another with the intent to deprive that person of such goods by:
1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or
2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or
3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or
4. Transferring the goods from one container to another; or
5. Concealment.
B. Any person who knowingly conceals upon himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment shall be presumed to have the necessary culpable mental state pursuant to subsection A of this section.
C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person suspected of shoplifting as defined in subsection A of this section for questioning or summoning a law enforcement officer.
D. Reasonable cause is a defense to a civil or criminal action against a peace officer, a merchant or an agent or employee of such merchant for false arrest, false or unlawful imprisonment or wrongful detention.
E. If a minor engages in conduct which violates subsection A of this section notwithstanding the fact that such minor may not be held responsible because of the person's minority, any merchant injured by the shoplifting of such minor may bring a civil action against the parent or legal guardian of such minor under either section 12-661 or 12-692.
F. Any merchant injured by the shoplifting of an adult or emancipated minor in violation of subsection A of this section may bring a civil action against the adult or emancipated minor pursuant to section 12-691.
G. Shoplifting property with a value of two thousand dollars or more or shoplifting property during any continuing criminal episode regardless of the value of the goods is a class 5 felony. Shoplifting property with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Shoplifting property valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is a firearm in which case the shoplifting is a class 6 felony. For the purposes of this subsection, "continuing criminal episode" means theft committed from at least three separate retail establishments within a period of three consecutive days.
H. In imposing sentence on a person who is convicted of violating this section, the court may require any person to perform public services designated by the court in addition to or in lieu of any fine that the court might impose.
I. A person who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery or theft or who in the course of shoplifting entered the mercantile establishment with an artifice, instrument, container, device or other article that was intended to facilitate shoplifting, is guilty of a class 4 felony.
Depending on your age, one of the first two would apply. This would be for a civil fine to the store.
12-691. Civil liability for shoplifting; adult; emancipated minor
An adult or emancipated minor who commits shoplifting as defined by section 13-1805 is civilly liable to the owner of the obtained goods for all of the following:
1. A penalty in the amount of the retail value of the obtained goods.
2. For an adult, an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the actual damages to the owner.
3. For an emancipated minor, an additional penalty of at least one hundred dollars but not more than one hundred dollars plus the actual damages to the owner.
12-692. Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
A. The parents or legal guardians having custody or control of an unemancipated minor who commits shoplifting as defined by section 13-1805 are civilly liable to the owner of the obtained goods for all of the following:
1. A penalty in the amount of the retail value of the obtained goods.
2. An additional penalty of not less than one hundred dollars nor more than one hundred dollars plus the actual damages to the owner.
B. Foster parents are not liable under subsection A of this section for the acts of children placed with them pursuant to title 8, chapter 5.
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13-802. Fines for misdemeanors
A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two thousand five hundred dollars.
B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than seven hundred fifty dollars.
C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than five hundred dollars.
D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars.
E. A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.
F. This section does not apply to an enterprise.
Ok, I am 36 and yes the police cme and yes I was arrested. What do you think I will be fined for as a first time offense with a clean record? I am not trying to skirt my responsibily or punishment, just trying to get some idea of what I am looking at financially.
Civil Deamnd around $300.00 (seperate from court fines)
Court fine less than $1000.00 probably less than $500.00
Community service
Ban from retailer
Summary probation
These would be my guesses
Thank you so much for the info and the guesses. I have one last question.....do you think there is a possibility of getting any pre-trial disposition programs??
Discuss that with your Attorney
I can't afford one. Thanks.
talk to one on free consultation or get an appointed one. Also ask about diversion. ask a lawyer if you county offers diverson. Next to not guilty it is the best way out. Not all counties in all states offer it. The program varies alos usually it's a class and then after completing it, the case is dismissed.The fine could varry. Someone mentioned on here getting a $200 demand letter for $30 of merchandice.