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  1. #1

    Unhappy When You Shoplift With a Friend, are All Items Stolen Counted Against Each Offender

    My question involves criminal law for the state of: Florida

    Long story short I was convinced by somebody to help them take items from a department store, so this is my first ever offense. Have had a perfect record up to this point.

    So I, and said 'friend', both took an item worth less than $100 each. Together about $120-150.. We got caught by theft prevention, friend runs away and gets away. Theft prevention people charged me with both items and took off the sales prices and charged MSRP, causing me to be charged with 1st degree misdemeanor(over $100) rather than a 2nd degree(under $100). The officer didn't read me my rights when they questioned me and they said on the police report that they did.

    The point that I am trying to get to is I need to get as close to getting it dropped as possible. I know I shouldn't have done it in the first place and I fully regret it and don't even talk to the scum bag friend or any of the bad news kids I used to hang out with. This is haunting me and will for the rest of my life. I was supposed to join the Armed Forces soon and this stupid petty mistake is in the way. Attorney's I speak to keep telling me I should do pretrial diversion but that's viewed as an admittance of guilt. I want to fight it in court and hopefully get it dropped.

    What should I be doing and how should I expect this to play out? Thank you ahead of time for answers.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Charged with More Than Responsible For, First Offense, Can I Get Case Dropped

    Please explain what incentive the state has to drop the charges when, by your description, you were caught in the act.

  3. #3

    Default Re: Charged with More Than Responsible For, First Offense, Can I Get Case Dropped

    I am not sure. I don't have a great deal of education on legal stuff. I didn't think I could be charged with both the stuff the other person took and what I took. I did not take more than $60 worth of merchandise.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Charged with More Than Responsible For, First Offense, Can I Get Case Dropped

    I'll answer the question then; the state has no incentive to drop the charges. The merchandise was stolen; they caught you stealing it; you were the only person they caught so you get the credit for all the thievery. Your so-called friend threw you under the bus.

    It's up to you and your lawyer how you want to play it but I wouldn't place a penny on the odds that it will be dropped. The time to worry about how it would affect the rest of your life was before you became a thief.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charged with More Than Responsible For, First Offense, Can I Get Case Dropped

    Even if they had also caught "your friend" you each could both be charged with the full amount of the theft. They don't have to apportion across all the thieves. You all participated in the theft of all items.

    Contrary to what you see on TV, Miranda rights are only applies to custodial (typically after arrest) questioning. Prior to the actual arrest, they're free to question you all day long. Further, even if they omit it when it is required, it's not a get out of jail free card, it just invalidates what comes from that questioning.

    You need a lawyer.

  6. #6
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Charged with More Than Responsible For, First Offense, Can I Get Case Dropped

    Neither the store nor the police HAVE TO separate what you and the other person stole. They may choose to for the sake of clarity, or out of charity to make the individual amount less for each of you. But you were both there, both stealing, and both knew that each other was stealing, therefore, legally, you both participated in the theft of all items. They're under no obligation to charge you with only what you physically took.

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