Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Caught Shoplifting for the Second Time

    My question involves criminal law for the state of: Arizona


    On April 13th I was homeless needed shoes very bad because my old ones were tearing and falling apart to where sticks were stabbing my feet i was scared first time on the streets i had no where to go no one would give me a dollar to raise money for shoes i stole 30 dollar pair of steel toe shoes the alarm tripped and i ran i got caught. When the cops caught me i was sitting down calmly and the officer asked me do you know why i am here i said yes i started breaking down because my life had hit rock bottom at 21 years old i admitted to stealing the shoes the cop then told me to stand up which i did calmly and i also told him and his partner i had knifes on me to ease there stress. My arresting officer then told me to turn around and said you are under arrest i didn't understand if he said under arrest or being detained so i asked he said you are under arrest i asked for what even though i already knew i was just making sure there wasn't anything else added he didn't tell me then he went through my bags without my consent did he have probable cause to search them? i was respectful i was severely dehydrated because i had been out all day in the heat so i asked for water they said no we don't have any i asked can we get some some where they said no then they took me to where i stole the shoes which was a Kmart Store where there was another cop there and a Loss Prevention officer along with a Kmart employee immediately the LPO said give me my shit back i was being nice gave him the shoes back i said im sorry i am homeless i don't know where to go none of my family is helping me right now and my friends are out of town at this time i had gotten my old shoes back they then placed me in and i cor operated with police the store got the stuff back in the same condition I then asked all of them if they knew of any where to get help with being homeless only the cops said we will give you numbers i said ok thank you they then dispatched there Chief and asked him if he wanted me in jail he said yes take him away we then go to the police station i asked for water again they then said we don't have any but i looked int here mirror and a lady cop was drinking a big water bottle they take me into there intake room and ask me to remove my clothes belt wallet ect ect and i do then i was left alone with a female cop in the intake room she then said you are under arrest for shoplifting and read me my Miranda rights i thought you were supposed to be mirandtized when a cop says you are under arrest she then searches me when i had already been searched by the other 2 cops who were Male i thought Males search males and Females search Females at least that is what i have heard then i was put in a cell for 45 minuets let out and tooken to another intake place 8 miles north of me where once again i was photo graphed finger printed and everything i told the Sheriffs department the same story and was nice and respectful after everything was taken and done the lady cop was leaving i said mam what about those numbers may i have them she looked t me and said no i felt let down by my community's police department i was then tooken to Jail where i served 2 and a half days in jail told the detainment officers there the same story was nice and respectful and followed all jail rules and posted a 250 dollar bail. Now i am getting a settlement offer for 289 dollars and they say if i don't pay it i will be sued i don't think this is true i think it is just to get money out of me even if i pay they will still come after me also my first offense happened in 2010 if you are wondering the amount was 3 dollars and ten cents My next court date is to talk to the prosecutor now i am wondering if i should take this to trial because the letter i have gotten that says settlement offer for 289.99 dollars my friends have gotten the same one from the same law firm Palmer Law firm and they paid them yet still went after my friends also i did some research on shoplifting penalty's 12-691. Civil liability for shoplifting; adult; emancipated minor

    An adult or emancipated minor who commits shoplifting as defined by section 13-1805 is civilly liable to the owner of the obtained goods for all of the following:

    1. A penalty in the amount of the retail value of the obtained goods.

    2. For an adult, an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the actual damages to the owner.

    There was no damaged to the shoes nor the box nor the Kmart Store or the Property And apparently if i don't pay the 289.99 settlement offer they will sue me for Civil damages i am just trying to figure out what i can do yes i deserve a fine Probation and community service i understand what i did i ahve learned from it since i have been out of jail i have been doing nothing but helping my family getting side jobs such as yard work working on cars fixing things and volunteering at churches softball events i have been busy i have also complied 110% to the terms of my Bail release order

    Sorry this is long i just wanted to be as detailed as i could be thank you to anyone who reads this a answer would be greatly Appreciated Have a Nice day

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Second Offense Shoplifting/Was I Violated of My Rights

    Yes, they had the right to go through your belongings.

    Yes, you owe the Civil Demand, this is separate from the criminal charges.

    While you are on the computer, look up Homeless Shelters in your area.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Caught Shoplifting for the Second Time

    Quote Quoting ThorSeth
    View Post
    he went through my bags without my consent did he have probable cause to search them?
    Yes. A search incident to arrest is perfectly lawful.

    i was respectful i was severely dehydrated because i had been out all day in the heat so i asked for water they said no we don't have any i asked can we get some some where they said no
    They are under no legal requirement to go shopping for water or to bring you to a drinking fountain. Since it seems you were not in distress, they also weren't required to provide you with medical aid at that point. Since they likely figured you would soon be in jail there was no need to rush out and find you water as they have water in jail.

    i thought you were supposed to be mirandtized when a cop says you are under arrest
    You thought wrong.

    Miranda is generally only required when you are both in custody (under arrest) AND subject to interrogation. About one in ten arrests will ever require Miranda rights to be read. Some agencies have a policy that mandates they be read to you when you are placed under arrest, but that's a policy matter, not a legal one.

    she then searches me when i had already been searched by the other 2 cops who were Male
    The jail doesn't know you have been searched or how well. Even when you are handed off from one cop to another, we are taught to search the arrestee again. Before I put you in my car, I'm going to search you because I am responsible for you ... and, sometimes, even good cops miss something. I had a beat partner who once missed a .357 in the rear waistbad of a guy he patted down! To this day he apologizes whenever I see him, and this happened about 17 years ago.

    i thought Males search males and Females search Females at least that is what i have heard
    Ideally that's what happens. Sometimes, that just is not practical.

    i said mam what about those numbers may i have them she looked t me and said no i felt let down by my community's police department
    You can always make those contacts now.

    Now i am getting a settlement offer for 289 dollars and they say if i don't pay it i will be sued i don't think this is true i think it is just to get money out of me even if i pay they will still come after me
    The civil demand is separate from any criminal charges. The state might still prosecute you even if you pay the civil demand - one is not related to the other. And if you do not pay the civil demand, they might sue you in small claims court, or they might send it to collections. But, if you have no money and no credit, it may not make any difference to you.

    My next court date is to talk to the prosecutor
    I suspect the court date will be your arraignment, not an appointment to speak with the prosecutor. At that time you should be given the opportunity to request a court-appointed attorney.

    now i am wondering if i should take this to trial because the letter i have gotten that says settlement offer for 289.99 dollars
    Once again, the civil demand is a separate matter from the criminal issue.

    There was no damaged to the shoes nor the box nor the Kmart Store or the Property
    They likely factored in the cost of their personnel's time and the cost of the shoes since they are likely not going to be able to re-sell the stolen shoes particularly if they are being held as evidence or the box was opened in any way. They might agree to payments, or they might agree to a smaller dollar value. But, ignoring it may be a bad idea. And, the criminal court will not care about the civil demand, so don't think about bringing that up.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: First Time Caught Shoplifting
    By bigbankhank in forum Criminal Charges
    Replies: 1
    Last Post: 03-10-2011, 06:33 AM
  2. Retail Fraud / Shoplifting: Caught Shoplifting For the Third Time
    By dumbdumb in forum Criminal Charges
    Replies: 5
    Last Post: 10-19-2010, 07:05 AM
  3. Retail Fraud / Shoplifting: Got Caught Shoplifting 1st Time
    By maria20262003 in forum Criminal Charges
    Replies: 2
    Last Post: 03-12-2009, 08:15 PM
  4. Retail Fraud / Shoplifting: Caught shoplifting for the second time
    By big_mistake in forum Criminal Charges
    Replies: 4
    Last Post: 02-06-2008, 06:46 PM
  5. Retail Fraud / Shoplifting: Caught Shoplifting For The First Time
    By ks19 in forum Criminal Charges
    Replies: 9
    Last Post: 01-29-2008, 10:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources