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Shoplifting with No Citation

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  • 01-12-2009, 09:07 AM
    barndog16
    Shoplifting with No Citation
    My question involves criminal law for the state of: A FRIEND SHOPLIFTED AT A RETAIL STORE IN OHIO. tHE POLICE OFFICER DID NOT GIVE THEM A CITATION. IS THERE A TIME LIMIT ON GIVING A CITATION FOR THIS?
  • 01-12-2009, 09:31 AM
    cyjeff
    Re: Shoplifting with No Citation
    Typing in all caps is considered shouting on the internet.

    Second, they have a year to press charges.

    Has your friend paid the civil demand yet?
  • 01-12-2009, 09:42 AM
    panther10758
    Re: Shoplifting with No Citation
    How old is your "friend"? Did store say they wer pressing charges?
  • 01-12-2009, 02:02 PM
    barndog16
    Re: Shoplifting with No Citation
    Quote:

    Quoting cyjeff
    View Post
    Typing in all caps is considered shouting on the internet.

    Second, they have a year to press charges.

    Has your friend paid the civil demand yet?

    sorry for the caps. no civil demand was charged. what is that?
  • 01-12-2009, 02:35 PM
    panther10758
    Re: Shoplifting with No Citation
    Quote:

    Quoting barndog16
    View Post
    sorry for the caps. no civil demand was charged. what is that?

    That should be coming in mail as well
  • 01-16-2009, 12:26 AM
    barndog16
    Re: Shoplifting with No Citation
    My friend did not sign anything, the officer did not arrest them, no citation was given, the officer advised him that he would look at the store video then get back with him, thats been 2 weeks ago, He's worried noone's been intouch with him yet. What do you think?
  • 01-16-2009, 02:55 AM
    BOR
    Re: Shoplifting with No Citation
    Quote:

    Quoting barndog16
    View Post
    My friend did not sign anything, the officer did not arrest them, no citation was given, the officer advised him that he would look at the store video then get back with him, thats been 2 weeks ago, He's worried noone's been intouch with him yet. What do you think?


    I am assuming it was under the 500$ theft amount to qualify as petty theft.

    Generally, an officer can not arrest for a misdemeanor not committed in thier presence. IF an arrest is to take place after the fact, a warrant must be obtained, or a citation is issued.

    There are just a few crimes in which a warrantless misdemeanor arrest can be effected, shoplifting is one, but it MUST be within a reasonable time frame from occurrence:


    (F) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (B)(1) or (2) of this section , that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by section 2913.07 of the Revised Code. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.



    http://codes.ohio.gov/orc/2935.041


    If a charge is forthcoming, it will be by citation, no doubt. The "technical" commencement of a prosecution must be within 2 years.

    (b) For a misdemeanor other than a minor misdemeanor, two years;



    http://codes.ohio.gov/orc/2901.13


    IF the store decides NOT to prosecute, the state has no case, as they have no witness.


    Two weeks to hear anything is not an unusually long of a time.
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