My question involves criminal law for the state of: Arizona
My mom and I went into a local wal-mart to fill up some water jugs, I came along because she can't lift them. The machine in the back where you fill them up was out of order. So my mom decided to stay and shop for a bit. When she went to pay for the goods at the self check, not all of them scanned (or something like that, I don't know all of the details, I didn't participate in the checkout) and I helped her move the cart outside. The lady at the exit checked our receipt and said that we didn't scan all of the items, so my mom went back to re-scan them all and paid for everything at a normal checkout lane. No problems, we went home.
An hour later, the police show up at the house and say we were shoplifting (they found the address by looking at the license plate in a surveillance video.) They asked for our side of the story, and said they were going to write both of us a ticket. I never participated in any of the checkout process, but they said I was complicit because I was there with her, (although I was the one who pushed the cart out the door for her.) They gave us a court date in two weeks.
I've looked up Arizona title 13, and one bit (bolded) caught my attention:
http://www.azleg.gov/FormatDocument....13&DocType=ARS
Since she paid for all of her items in the end, one would think that no harm was done. But the police said that it doesn't matter, I pushed the cart through the exit vestibule (never actually left the store though, the main exit being through other doors) which was enough because no point of sale devices were past that point, even though she paid for the goods after that point (and has a receipt to prove it.) I tend to respect cops, they have a hard job, but I have been told that they often stretch the truth in order to get you to admit things (though I am not sure what, because I wasn't mirandized or anything, so I think anything I told them wouldn't be admissible in court)A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the 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.
Who is right here?
Also what comes after this? I've never been to court before but something tells me I should be prepared.
Title 12 says wal-mart will seek a fine for $250, but how will they collect it? Do the police give them my address, social security number, etc?
How can they pin shoplifting on me when I had no part in the checkout process? The police said it would be up to the judge, but what are the chances the judge would find me not guilty?
If the chances are low, would it be best to go for a diversion? If so, can I ask for one after the trial if I am found guilty, or do I have to ask prior to trial? If I ask before trial, is that an admission of guilt?
Also can I get all of the evidence against us and review it before we have to show up in court? Who do I ask for it?
Are we entitled to a public defender? Or is the crime too small? (about $40 in goods)
I really don't want anything on my criminal record (I've never had anything on it, completely clean) is there anything else I can do to prevent this from happening?

