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  1. #1
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    Aug 2006
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    Default Retail Theft

    I am new to this board so forgive me if some of these questions were already answered. My sister,28, just informed me that she was caught by Kohls (in PA) for retail teft. The amount of merchandise was about $400.00. I am so scared for her and I really don't know what to tell her. I wish I could have done something to prevent this from happening to her. But everyone has a mind of their own. And there is nothing we can do now to change it. I know that my sister is very scared and ashamed of what she did...she is not sleeping and is having a real hard time deal with this. She has a clean record. My question is what happens now? Should she get a lawyer or use a Public defender? What kind of fines will she get? Will she have to spend time in jail?

    I know that noone really knows what is going to open....only the judge but I am looking for information to help ease her mind a little. She is worry herself so much....I just wish I could help. I would never wish anything like this to happen on anyone. I just can't wait til this is over for her. Unforunalty, it just happened so she has a ways to go before this is resovled.

    Thanks in advance for any info.

    Take care.

  2. #2
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    Aug 2006
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    Default Re: Retail Theft

    What state are you in?

    Did the police arrest her, or just show up and take notes?

    I can tell you more if you give me more detail, given what I've learned in the past couple of days.

    Thanks

  3. #3
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    Aug 2006
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    Default Re: Retail Theft

    It's in Pennsylvania. She was not arrested on site. She was taken to the station for fingerprinting and picture.

    Thanks

  4. #4
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    Aug 2006
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    Default Re: Retail Theft

    You should probably check the laws in your state about first time offenders who commit misdemeanors such as shoplifting. In Michigan, where I am, they call it retail fraud. Given that the amount she took was under a thousand dollars, and they didn't throw her in jail, it seems to me that she will only be held accountable for a misdemeanor charge.

    Did the store tell her that she would be receiving a civil demand from corporate offices? If so, then she will be dealing with them in addition to dealing with the police. Various states have laws in place that run special programs for first time offenders who don't have previous records. I had the same questions so I called my district court, and they helped me a lot. Get the name of the county she was caught in, and the number to their district court (probably where she was taken for fingerprinting). You can ask them what the procedures may be for people who haven't committed crimes before. Maybe instead of even having to go to court she will work out something with a diversion program. In my county, I am hoping that that happens for me. I will get a letter from some program affiliated with the court, then do community service or something like that through them. If completed satisfactorily, the charges may be dropped from my record.

    In terms of the civil demand, again laws in your state for misdemeanors may be different from Michigan, but I am guessing that she will have to pay the full retail price for the items she took, plus some additional fees.

    Hope this helps

  5. #5
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    Aug 2006
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    Default Re: Retail Theft

    Do you think it's in her best interest to get an attorney or will a public defender be just as good? I know that attorneys are expensive...I am not sure how much one would cost but I am sure it's costly.

  6. #6
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    Aug 2006
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    Default Re: Retail Theft

    I think it depends on her financial situation. Because I am in a similar place, but can't afford an attorney, I would go with the Public Defender if she decides to hire one.

    Other people may disagree with this, but if you think about it logistically, here is what she may have to end up paying for everything.

    -At least 400.00, for the stuff she took
    -Maybe 800.00 extra, based on what the civil demand laws in your state are (the company may be able to ask for twice the value of the stuff she sold. In some states, it can be even more, up to 10 times.)
    -Court fees if she has to appear in court (varies)
    -The cost of an attorney (probably at least 1000.00, but again it depends on who you know and what the prices may be like for this kind of thing.)

    So as you can see, getting a lawyer can make things even more pricey than they will be already. I'm sure having a lawyer will look better in court, him/her having more legal knowledge. At the same time, I can't afford an attorney so what I've decided to do instead is study up myself on Michigan law and be aware of what options are available to me as a first time offender. I"ve spoken with the district court, and found out the best way to go about this. I would suggest collecting as much information as possible about the law, then finding out all possibilities in terms of what she can do to get this thing off her record, or not put on in the first place.

    Good luck (and wish me good luck too)

  7. #7
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    Aug 2006
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    Default Re: Retail Theft

    Thanks for your reply. So far my sister recieved a fine from Kohls of 175.00...not sure if this is the only fine from Kohls or not. I guess the fines you are talking about are ones that come later. Are these addtl from Kohls?

    You are right this is going to be very costly for her. I feel for her and others in this position.

    I wish you the best of luck as well. Keep me posted on how things are going for you.

    Hang in there

  8. #8
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    2,652

    Default Re: Retail Theft

    Quote Quoting Help19
    View Post
    Thanks for your reply. So far my sister recieved a fine from Kohls of 175.00...not sure if this is the only fine from Kohls or not. I guess the fines you are talking about are ones that come later. Are these addtl from Kohls?

    You are right this is going to be very costly for her. I feel for her and others in this position.

    I wish you the best of luck as well. Keep me posted on how things are going for you.

    Hang in there
    The civil fine she received from the store is the only fine from the store she should receive. The other fine will be from the judge for the criminal offense.

    SUBCHAPTER B. DEFINITION OF OFFENSES
    § 3929. Retail theft.

    (b) Grading.--

    (1) Retail theft constitutes a:

    iii. Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.
    Source:
    http://members.aol.com/StatutesP3/18PA3929.html

    § 15.66. Offenses and penalties.

    a) Classification of offenses. The act (18 Pa.C.S. § 106(e)) provides that an offense defined by any statute shall be classified as provided in 18 Pa.C.S. § 106 (relating to classes of offenses) which provides that:

    (5) A crime is a misdemeanor of the first degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 5 years.

    (b) Penalties for offenses. The act (18 Pa.C.S. § § 1101—1105) provides that persons convicted of offenses may be sentenced to imprisonment and to pay a fine not exceeding the following maximum time or amounts (unless a higher or lower time or amount is specifically prescribed by statute):

    (6) Misdemeanor of the first degree. 5 years — $10,000
    Source:
    http://www.pacode.com/secure/data/10...15/s15.66.html

  9. #9
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    Aug 2006
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    8

    Default Re: Retail Theft

    Thank you Happy Trails for your response. I have been doing a lot of praying for her. I know she is really worried about jail time and the fines. She made the comment today, "I guess I should have thought of this before I made the discussion I did." I agreed and told her that sometimes we make bad...really bad choices we just have to learn from them. She is having a hard time dealing with this. I can assure you that this will never happen again. I hope anyway....it's just not worth it.

    Good luck to all

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