My question involves criminal law for the state of: Massachusetts & New Hampshire.
I was arrested for shoplifting (larceny over $250) in Wal-Mart. The LP lady didn't even wait for me to leave the store to stop me. She stopped me literally as I was passing the alarm gates (which did not sound off).
Don't they need to wait till you at least cross those gates and exit before making a stop? I know Wal-Mart is private property, but don't they need to abide by certain legal guidelines to make a stop and detain a shoplifter? Even though it is private property, don't civil rights and due process still apply here?
while escorting me to the backroom and even while there, she said that she wouldn't be involving the police and said that I would receive a civil demand notice. Well after tallying up the merchandise, which came to over $250, they called the police and had me arrested. Now, i'm facing a felony count of larceny of over $250 Monday morning at 8:30am.
This isn't my first offense, but the first time it's ever been over $250. Ethics aside, I don't do it for the money. When wal-mart and the police asked why, I told them, some people do drugs, some people cut themselves, i do this. I further stated, that i've been in therapy for three years straight to address issues like this amongst others.
I had a particularly stressful Thanksgiving where I was reamed out by family members and that is one of the main triggers of this event. at 30, I have to take full responsibility for my own actions, but it scares me to hell knowing that i'll be graduating college soon and have this hanging over my head. I've come a very long way in therapy, but am still working on myself.
It's already been difficult enough finding a job, and i have yet to have my record sealed. Is it possible that Walmart did not make a lawful stop? I'm researching attorney's now, but need guidance.
I'm scared to death since i've had a few continuance w/o a finding, 1 misdemeanor charge under $250 in New Hampshire, and this will be my 3rd arrest. I want to enter into a professional field, and I think my prospects of landing a professional job are over due to the bad decisions i've made.
Even if the stop by LP wasn't lawful, will that change anything? Originally they were going to issue me a civil demand, but I never signed anything, not do i think the lady ever finished up that paperwork before calling in the police.
Is it advisable to call the store back and offer say $2000 in restitution or plead with them to drop the charge? any advice would be highly helpful. Thank you all in advance.