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Shoplifting at Wal-Mart in Florida

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  • 08-02-2009, 06:23 AM
    high2009
    Shoplifting at Wal-Mart in Florida
    My question involves criminal law (petty theft charge) for the state of FL:
    I was under medication mainly depression and painkillers (doctors prescribed), I was sleeping about 2 days in a row -felt very week. During this week I lost my phone and a book, which was upsetting me since I am living in budget ‘unemployment insurance’. I collected my acts, dosed some vitamins and extra depression medicines and went to shop the used phone and the book. I didn’t find either one, however, as another person’s suggestion; I went to buy a pay phone at the Wal-Mart. While I entered I stopped to measure my blood pressure, in the mean time I picked some vitamins and herbal medicines. Along the way, I bought phone and picked some groceries- however I ended of putting the vitamins in my pockets- the security guards caught me if I have paid those vitamins- I said no, may I pay now please-they ask me to come in side and took picture etc and ask person info and Police officer came – ask me to sign my documents, gave me the court day and released me. I wonder what would be my fate or what I need to do any suggestion? I am not sure what led me to do these things- my medicinal effects or I really wanted to do all of these. Any guidance would be much appreciated. I am 50 years old male and this is the first time.
  • 08-02-2009, 08:14 AM
    redtoy92
    Re: Shoplifting at Wal-Mart in Florida
    Well you can try and use the medical issues as a reason. But the fact remains that not only did you still know right from wrong but we are still held accountable for our acts under the influence of drugs. Unless of course someone spiked your drink with something and you did not know. So really you are stuck with a shoplifting charge. Get a lawyer and do the best you can to min. the situation. Also it seems fishy that someone who has no money would be selecting things like vitamins. This only makes it look more like your plan to steal them from the start.
  • 08-02-2009, 08:43 AM
    SNPJR
    Re: Shoplifting at Wal-Mart in Florida
    If this is your first time being accused of petty theft, you're probably not going to see the inside of a prison. Prisons are not designed for first time offending vita-thefters.

    Your depression, medications and unemployment status are irrelevent to this case. The main point here is that you concealed an item, walked past the last point-of-sale (cash register) and indicated no intention to pay. Whether or not you had intent to pay is very different from your motive to not pay. Being unemployed might be motive to not pay, but your intentions still might have been to depreve the Super Empire known commonly as Walmart from their $4.99.

    Sad part is this will probably cost them more to prosecute than it would be to simply put the matter to rest.
  • 08-04-2009, 02:01 PM
    high2009
    Re: Shoplifting at Wal-Mart in Florida
    Quote:

    Quoting redtoy92
    View Post
    Well you can try and use the medical issues as a reason. But the fact remains that not only did you still know right from wrong but we are still held accountable for our acts under the influence of drugs. Unless of course someone spiked your drink with something and you did not know. So really you are stuck with a shoplifting charge. Get a lawyer and do the best you can to min. the situation. Also it seems fishy that someone who has no money would be selecting things like vitamins. This only makes it look more like your plan to steal them from the start.

    Thank you for the reply- there are so many kinds of vitamins, one can get a small container of vitamins for couple of dollars. I didn't say I don't have money however, I am living on budget- I get some through unemployement insurance. Just curious, howmuch it cost(a reasonable amount) to hire a lawyer.
  • 08-04-2009, 02:30 PM
    BOR
    Re: Shoplifting at Wal-Mart in Florida
    Quote:

    Quoting high2009
    View Post
    I am not sure what led me to do these things- my medicinal effects or I really wanted to do all of these. Any guidance would be much appreciated. I am 50 years old male and this is the first time.


    What you are really suggesting, in a legal sense, is you possibly having a "diminished capacity".

    If trial took place, you could raise this as a defense, it would be up to the trier of fact to decide the issue, and yes, it could be taken into account for any sentence.

    The reality, is probably, WM will send you a civil demand letter.

    Here is a piece on such CD:


    http://criminal-defense-attorney-tam...oplifting.html
  • 08-04-2009, 07:37 PM
    high2009
    Re: Shoplifting at Wal-Mart in Florida
    Quote:

    Quoting BOR
    View Post
    What you are really suggesting, in a legal sense, is you possibly having a "diminished capacity".

    If trial took place, you could raise this as a defense, it would be up to the trier of fact to decide the issue, and yes, it could be taken into account for any sentence.

    The reality, is probably, WM will send you a civil demand letter.

    Here is a piece on such CD:


    http://criminal-defense-attorney-tam...oplifting.html

    Do those statutories apply only county mentioned in your link or anywhere in florida? I like to know since this case happened just outside those counties you mentioned.
  • 08-05-2009, 11:16 PM
    high2009
    Re: Shoplifting at Wal-Mart in Florida
    Really Nervous about what happened and what is happening to me
  • 08-06-2009, 08:23 AM
    BOR
    Re: Shoplifting at Wal-Mart in Florida
    Quote:

    Quoting high2009
    View Post
    Do those statutories apply only county mentioned in your link or anywhere in florida? I like to know since this case happened just outside those counties you mentioned.


    Diminished capacity is a statewide defense, yes.

    The civil demand is under state law, so any county it was committed in, the merchant can send you one.

    Try not to be upset, you need a clear mind to take care of business.
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