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  1. #1
    Join Date
    Aug 2011
    Location
    Indianapolis, IN
    Posts
    1

    Exclamation Indiana Theft, First Offense

    My question involves criminal law for the state of: Indiana, Hamilton County

    For starters, a bullet list of case details will be be given. I will provide the witness statement of the store employee as provided by Pro Se discovery. I will follow up with any relevant information to the case as well as a background on my criminal history; and will wrap up with my own comments. I would greatly appreciate any help on the case as I would be at a massive loss hiring a $2,500 attorney.


    Charge: Theft, Felony
    Date of Charge: 6/7/11
    Time of Incident (from first observed to arrival at LP office): 15:15 - 15:37
    Detained time: 39 minutes
    Evidence: Photographs (from surveillance), [Notice of Trespass, Civil Demand Customer Notice, and Statement of Admission]=Provided to me by LP at time of stop. Trespass & Civil Demand Notice were signed, however DECLINED to sign Statement of Admission
    Grand total (theft): $10.97
    Previous criminal history: 11/1/09, OWI, GUILTY; 8/15/08, Felony Poss of Controlled Substance, DISMISSED BY STATE (after providing prescriptions);...as well as Numerous speeding tickets
    Employment Status:: Full time student @ IUPUI Kelley School of Business, Junior status in good standing. Also an independent business owner and warehouse efficiency consultant.

    The following is the direct quote from the Hamilton County, IN electronics store, employee witness. Names of store, employees and myself are hidden. Received through Discovery:

    "On Tuesday, June 1, 2011, Loss Prevention Officer 1 (LPO1) for Electronic's Store, Hamilton Cnty, IN, was conducting closed circuit camera surveillance when I was notified by LPO2 of a theft occurring. LPO2 informed me that he observed a male subject, later identified as IUPUI approach and selected three products from the Components Department. LPO2 informed me that IUPUI concealed the merchandise in his right hand, between his palm, his headphones, and his cell phone. LPO2 observed IUPUI exit the Components Department and enter the Audio/Video Department. LPO2 maintained continual surveillance of IUPUI as he approached the front of the store. LPO2 then observed IUPUI pass all possible points of sale, failing to pay for concealed merchandise and leave the store. ......[After release] All merchandise from days theft were returned to the sales floor. "

    Relevant information:

    I entered the store with my cell phone and Bose headphones in hand. I was seeking a new cord for my headphones, a clip for my radar detector, and to browse new computer motherboards. Immediately upon entry, I selected 'stolen' merchandise, and maintained it in my hand. Then reviewed the motherboards, proceeded back to the Audio/Video department and asked an employee if they had the clip I was needing. Then proceeded to another isle and spoke with a second employee regarding the replacement cord for my headphones, after determining they did not have it, we discussed possible alternatives I could use to fill my need, no products were selected for purchase. During my time in the store, I sent two text messages and placed/received two phone calls (taking phone from left hand, operating with right hand, and returning to left hand. Left hand held 'stolen' merchandise and the large over-the-head headphones for the duration and then cell phone when it was not in use.) I spaced purchasing the initially selected items as they were not relevant to my entry of the store, and I would not have purchased them after learning they stocked none of the other equipment I needed (just forgot to put them back...caribeeners)


    Additional information:
    • I was clinically diagnosed with ADD/ADHD at age nine and had been on mood/mind controlling medication from age 10 to current age of 22. In the nearly one month prior to the 'theft' my doctor halted all prescription medication, as advised against by many medical journals as well as the makers of the medication. Immediate discontinuing of use is advised highly against, especially after such a duration of use. I am able to retrieve witness statements from doctor to verify this to prosecutor.
    • None of the merchandise or it's packaging was damaged.
    • Witness statement provides that I concealed merchandise in my right hand, surveillance shows that it was left hand (actual).
    • During my time in store, I was distracted by phone calls and text messaging.
    • Not included in the witness statement, was my statement to LPO's that I maintained an excess of $600 cash in the back-pack currently carried on my back, offered to pay for merchandise, pay and leave merchandise, or any version of the previous options in addition to signing a notice of trespass.
    • After filing Pro Se, spoke with prosecutor, he stated that the surveillance DVD would be mailed to me, as he had not yet received it. I have yet to receive the DVD...is the dvd going to be necessary in proving my lack of theft.
    • I argue that the state cannot prove that I knowingly or intentionally meant to deprive the store from the property's use or value.
    • Received Plea Bargain of a D Felony, Theft, charge as well as 10 days in jail, in combination with 2 years probation. Not Going To Happen. (horrible plea, as expected with no attorney)


    Questions:

    How should I go about better arguing the case? Should I use the defense regarding my lack of medication in addition to my use of the cellphone, distractions? How crucial is the discrepancy between the right-left hand in the witness statement and photographs? What is the estimated likelihood of a full dismissal? Can/Will prosecuting party offer second plea bargain or is only one issued?.....Should I just hire an attorney? Best course of action?


    Pre-trial conference set on 9/11/11...I'm pretty sure.

    THANK YOU EVERYBODY FOR YOUR TIME, HELP, AND CONSIDERATION.

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