Tampering Charge in Missouri

My question involves criminal law for the state of: Missouri

I'm 21.
In a best buy, took the plastic off of a DVD and put it in my waist band. They got me on camera for putting it in my waistband but I don't think for taking the plastic off. Either way here's what happened.

Arrested, posted bond, court date in a couple months.

The tampering charge reads:
Tampered with the property of another for the purpose of causing substantial inconvenience to that person or to another.

I was not charged with theft, shoplifting, etc. I never left the store with the item.

What can I expect consequence wise?
Should I try to work it somehow to where I say I didn't take the plastic off if they didn't see me on the camera, and that along with not leaving the store with the item could help?
Or should I just say hey I took the wrapping off but since I didn't steal it maybe the consequences would be lower?
I'm not sure where to go or how to present it to the lawyer.

Are you saying the DIDN'T recover the DVD from you and could not see whether or not the wrapper was intact?

They got the DVD back and the wrapper was off. I never tried to leave the store. So they charged me with basically opening up the product and now they can't sell it. I wasn't charged with theft. I was charged with Tampering, which is from opening the package, not stealing it.

So you were charged with 570.085?

In the "In Violation" box it says: 17-84

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Quoting sjd5051

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In the "In Violation" box it says: 17-84

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Was this a state, city or county statute number?

I read what 570.085 was and I think it may be the same thing.

I'm not sure, it doesn't specify.

570.085 Alteration or removal of item numbers FD/MB is what it is listed as when I looked it up.

I'm not sure if it is the same. After I read through it it says that the serial numbers have to be altered, concealed, or removed. I removed the plastic wrap.

Do they consider that the same thing?

Anything, anyone?

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Quoting sjd5051

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Anything, anyone?

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I have searched the laws I can, but I cannot find a valid reference to that statute number.

What city and county is the store in?

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Quoting cyjeff

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I have searched the laws I can, but I cannot find a valid reference to that statute number.

What city and county is the store in?

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Lee's Summit, Missouri
Jackson County

In General, even if you can't find that specific one, what kind of consequences would I see. I don't have a record, never been arrested or tried, they didn't charge me with stealing...I'm very confused. I keep reading the consequences to charges I THINK are the same and they are very harsh (Jail time, huge fines, criminal record, etc.) and I don't know if that is what will happen from this.

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Quoting sjd5051

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Lee's Summit, Missouri
Jackson County

In General, even if you can't find that specific one, what kind of consequences would I see. I don't have a record, never been arrested or tried, they didn't charge me with stealing...I'm very confused. I keep reading the consequences to charges I THINK are the same and they are very harsh (Jail time, huge fines, criminal record, etc.) and I don't know if that is what will happen from this.

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Sec. 17-84. Tampering.
A. It shall be unlawful for any person to commit the offense of tampering by:
1. Tampering with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. Unlawfully riding in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, without the consent of the owner.
(Code 1988, § 17-84)

State law references: Similar provisions, RSMo 569.090.1.

see below:



http://www.moga.mo.gov/statutes/C500-599/5690000090.HTM


It is a misdemeanor as cities can not pass felonies.

Are you a first time offender??

Yes. First time.

I can tell you for sure you will receive a deal where you get into a diversion type of program. 99.9% sure you will not end up with a criminal record.

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Quoting AllisonDanby

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I can tell you for sure you will receive a deal where you get into a diversion type of program. 99.9% sure you will not end up with a criminal record.

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Seriously? If that is true then that is a big releif. But the fact that I am reading Class A Mis. $4000 fine, 1 Year Jail, Criminal record. I know those are the maxes but it is scary to think about. I have school, work, family etc. and the thought of these punishments is taking me away from all of those. I have to use the excuse..."I'm just feeling sick" when everyone asks.

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Quoting sjd5051

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Seriously? If that is true then that is a big releif. But the fact that I am reading Class A Mis. $4000 fine, 1 Year Jail, Criminal record. I know those are the maxes but it is scary to think about. I have school, work, family etc. and the thought of these punishments is taking me away from all of those. I have to use the excuse..."I'm just feeling sick" when everyone asks.

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Several options. Consult an attorney first.

If funds are not available, before court pay a visit to the courthouse and ask at the clerks office if MO has any type of first offender program/deferred adjudication/pretrial diversion type of programs.

I searched the MO laws, but could not come up with one, however, some general searches indicate such programs exist.

If you intend to plead not guilty, you will be appointed an attorney to represent you if you can not afford one. IF you intend to plead guilty respectfully ask the court to be entered into the appropriate program.

These programs are basically a "forgiveness" by the state, or here, the city.

If you stay out of trouble and meet the conditions and terms of the program, after it is served, the charge is as it never happened in the first place.

Good luck!

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Quoting BOR

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Several options. Consult an attorney first.

If funds are not available, before court pay a visit to the courthouse and ask at the clerks office if MO has any type of first offender program/deferred adjudication/pretrial diversion type of programs.

I searched the MO laws, but could not come up with one, however, some general searches indicate such programs exist.

If you intend to plead not guilty, you will be appointed an attorney to represent you if you can not afford one. IF you intend to plead guilty respectfully ask the court to be entered into the appropriate program.

These programs are basically a "forgiveness" by the state, or here, the city.

If you stay out of trouble and meet the conditions and terms of the program, after it is served, the charge is as it never happened in the first place.

Good luck!

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In law school, we were taught on a factual basis almost that, if the offender is a 1st time offender and the offense is a minor misdemeanor, which is in your case, then you should be able to have a program will you will keep away from jail.

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Quoting AllisonDanby

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In law school, we were taught on a factual basis almost that, if the offender is a 1st time offender and the offense is a minor misdemeanor, which is in your case, then you should be able to have a program will you will keep away from jail.

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You sure about that?

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Quoting AllisonDanby

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In law school, we were taught on a factual basis almost that, if the offender is a 1st time offender and the offense is a minor misdemeanor, which is in your case, then you should be able to have a program will you will keep away from jail.

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I don't know what state you live in to reference a MINOR misdemeanor? Ohio has them. I live here.

This crime is NOT classified as a "minor misdemeanor". I did not go back and check the muni code, but if it is comparable to state law, it is a Class A misdemeanor.

In Ohio a MINOR misdemeanor is NOT punishable by jail time, it is a money fine only crime.

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Quoting BOR

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I don't know what state you live in to reference a MINOR misdemeanor? Ohio has them. I live here.

This crime is NOT classified as a "minor misdemeanor". I did not go back and check the muni code, but if it is comparable to state law, it is a Class A misdemeanor.

In Ohio a MINOR misdemeanor is NOT punishable by jail time, it is a money fine only crime.

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The fact is it was a pre-torn open DVD case that costs no more than $12, probably less. No prior charges ever in my life. I came across a DVD that was torn open, thought I could take it, didn't actually try and leave the store because the manager approached me first. So they charged me with opening the DVD case.

Do you think a 21 year old with a more than positive background, no priors, caught with an opened DVD case is going to get a $4000 fine and a year in jail plus a criminal record?

The charge is a class A misd., but as I have a lawyer working for me right now, do you really think it will come out like that?

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Quoting sjd5051

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Do you think a 21 year old with a more than positive background, no priors, caught with an opened DVD case is going to get a $4000 fine and a year in jail plus a criminal record?

The charge is a class A misd., but as I have a lawyer working for me right now, do you really think it will come out like that?

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You would not get the MAX anyway. If you have a lawyer on it for you, this holds especially true!

The SC has ruled a sentence must be proportional to the crime. A 1st time offender for a petty theft can in no way, IMO, serve any great length of time, if any at all. Your attorney can make sure you get the lightest charge he can bargain for you.

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Quoting BOR

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You would not get the MAX anyway. If you have a lawyer on it for you, this holds especially true!

The SC has ruled a sentence must be proportional to the crime. A 1st time offender for a petty theft can in no way, IMO, serve any great length of time, if any at all. Your attorney can make sure you get the lightest charge he can bargain for you.

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Is this considered "petty theft" though?

I was charged with opening a package inside a store. That package is worth $12 max. I wasn't charged with theft, shoplifting, etc.

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Quoting sjd5051

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Is this considered "petty theft" though?

I was charged with opening a package inside a store. That package is worth $12 max. I wasn't charged with theft, shoplifting, etc.

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Sorry, I did not mean petty theft, I meant petty crime, my error.

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Quoting BOR

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Sorry, I did not mean petty theft, I meant petty crime, my error.

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From this petty crime, the fact that I am charged with opening the package not stealing it, I claim that the package was already opened and torn up , most of the wrapping gone (the reason I thought about taking it), my lawyer knows the prosecuters fairly well...
I am already going to have to pay well over $1000 from court fees and lawyer fees alone. What else can I expect to come about from the "deal" they may make?

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Quoting sjd5051

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From this petty crime, the fact that I am charged with opening the package not stealing it, I claim that the package was already opened and torn up , most of the wrapping gone (the reason I thought about taking it), my lawyer knows the prosecuters fairly well...
I am already going to have to pay well over $1000 from court fees and lawyer fees alone. What else can I expect to come about from the "deal" they may make?

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f you claim the package was already opened, they should have it on video, meaning they will not see you open it, as it was already opened.