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Shoplifting Charge
My question involves criminal law for the state of: Kansas
Back in August of 2009, myself, my child and her mom were shopping at Kohl's. We had already been to a few stores and my child was being a brat (22 months old) She got a hold of a summer dress that had some diaper liners attached, she preceded to try to put on the diaper liners and was having some trouble getting them on so I went to take them from her and put them back but she started to throw a fit. I didn't want to deal with it so I just helped her put them on. After picking out 2 dresses we went to the check out and paid for them. I fully meant to give the diaper liners back at the checkout but forgot. We were about to the car and loss prevention asked us to stop they said our kid had on cloths that we didnt pay for, I told them I was very sorry I meant to give them back at the check out and took them off her in the parking lot and gave them back. They asked if we could come inside to have a talk about it. We said no and left.
Today the PD showed up at my house and wrote me a shoplifting ticket, (they also tried to shoot my dog) now I wouldn't care so much about this ticket but I am on corrections for some pot charges. I only have 3 months left on corrections and this is seriously going to put a hitch in my corrections. Kohls says they have me on video putting the diaper liner on my child. They also should have on video me handing back the diaper liner to loss prevention in the parking lot.
Is this something I can fight myself? Take to trial? I have to beat this charge to avoid getting my corrections revoked.
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Re: Shoplifting Charge
Was your child wearing one diaper liner or multiple diaper liners? The first part of your post makes it sound like more than one; but then you switch from the plural to the singular.
Given that you're on probation, and that "I was distracted by my baby" is an incredibly common excuse given by shoplifters, you should be talking to a criminal defense lawyer.
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Re: Shoplifting Charge
It was just one, Not multiple. I
don't even use them with her outfits just something extra I have to take off to change her diaper. I helped her put them on just to save her throwing a fit. I didn't put up any sort of fight outside, they asked for them back and I said I was sorry I meant to give them to the cashier and gave them to loss prevention, then drove off.