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  1. #1
    Join Date
    Jan 2014
    Posts
    2

    Default Caught Stealing Perfume Testers, Charged Based on Retail Price

    My question involves criminal law for the state of: Arkansas
    I was 15 when the incident happened, I am now 16

    Hi! About 2 months ago, I got caught shoplifting at a department store. They were perfume testers, & when I got caught the LP agent priced them as much as the boxes of the brand new perfume cost, & one of the bottles I stole was 1.0 ounce, and the LP used the 1.7 ounce price when calculating the cost. The price they ended up with was somewhere inbetween $90-$99, I don't exactly remember.

    Anyways, today I received a letter from the sheriff stating that I was being charged with "Theft of Property Class A Misdemeanor"
    What should I expect in court? Should I plead guilty, or not guilty? I can't afford a lawyer, so I'm not sure what I should do. I am very very scared, I regret doing what I did & if I could I would take it back. I've only been to court one other time, when I was 12-13 for truancy at school. Will that count against me too? What will happen if I plead guilty? What will happen if I plead not guilty?

    Thank you all so much.

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

    Default Re: Minor, Caught Shoplifting

    Your parents need to get you an attorney. And yes, if your parents somehow don't know about your shoplifting, they need to because you cannot go to court without Mom or Dad present.

    Your parents will be responsible for your court costs, fines, any other payments related to your punishment. That also includes a Civil Demand letter from the stores lawyers, which is separate from the Criminal Case. Your parents risk being sued and having their credit rating blemished if this is not paid.

  3. #3

    Default Re: Minor, Caught Shoplifting

    Perfume testers are supplied to retailers at no cost. IF you were actually charged with theft and only stole perfume testers.....get an attorney knowledgeable with retail theft.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Minor, Caught Shoplifting

    Quote Quoting Security Consultant
    View Post
    Perfume testers are supplied to retailers at no cost. IF you were actually charged with theft and only stole perfume testers.....get an attorney knowledgeable with retail theft.
    From a criminal law standpoint, it does't matter whether the testers are worth 1 cent, or if they merely have "inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost." If the value is under $1,000, the act of theft is a Class A misdemeanor. A.C.A. § 5-36-103(b)(4).

  5. #5

    Default Re: Minor, Caught Shoplifting

    I've had many perfume tester cases in many different states. They are commonly dismissed due to being zero cost to the retailer. The are inventoried at "no retail value." I can't remember one case that was successful in court.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Minor, Caught Shoplifting

    In what states?

    But again, no matter what may be happening "in many different states", Arkansas explicitly covers items that have no market value in its theft statute.

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