Results 1 to 10 of 10
  1. #1
    Join Date
    Jun 2016
    Posts
    4

    Default Caught Shoplifting While in Possession of Evidence of Prior Thefts

    My question involves criminal law for the state of: Arizona

    Hello, I was recently caught shoplifting at a Sak's outlet store for a total of ~125 dollars (however I was unaware of this, I thought I was taking less than $40). I had a tote bag but I just walked out with the goods in my hand and hadn't even touched my bag the entire time. When I was apprehended by LP, he found a security tag-remover and a couple of tags from two t shirts I had gotten from a Nordstrom a few weeks earlier. I wasn't charged with the felony crime of "using a device to facilitate shoplifting", but I am afraid that the LP from the Sak's might contact the Nordstrom and ask about the tags that were in my bag (he kept the tags). I have been to Nordstrom quite a few times--and I've had the same tote bag so I'm afraid they would recognize me say on CCTV tapes--but I do not know if this is a thing that is likely to happen. I really want to just get a diversion but I'm afraid there is some investigation going on without me knowing. I have also received a civil demand letter for around $400. Would it also help my case for a diversion if I paid that? I can't afford a lawyer at this time.

    I would really appreciate any answers. I can't sleep at night because of this and I want it all to end. I'm never shoplifting again and I'm deathly afraid of anything that reminds me of it. I'm a 19 year old in college and I regret everything--I wish there was a way for me to let them know this.


    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: (First Offense) Caught Shoplifting (with a Few Complications)

    You better get an attorney and not talk to anybody but him. You're a repeat thief and apparently not very good at it. I suggest another career. I'd stay out of Saks and Nordstrom. Since you are charged you need to be listening to your attorney.


    While it is within the realm of possibility that Saks LP or the DA will do some leg work to find out if you were stealing from other stores given the stolen property and tools. It's quite possible that the charges will be amended. Your bigger concern is that the DA will add the felony charge for possession of the tools which won't even take any "investigation."

    By the way, the store names are Saks and Norstrom. Neither are plural or possessive. They are the names of their founders (Andrew Saks and John Norstrom).

  3. #3
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: (First Offense) Caught Shoplifting (with a Few Complications)

    Quote Quoting flyingron
    View Post
    You better get an attorney and not talk to anybody but him. You're a repeat thief and apparently not very good at it. I suggest another career. I'd stay out of Saks and Nordstrom. Since you are charged you need to be listening to your attorney.


    While it is within the realm of possibility that Saks LP or the DA will do some leg work to find out if you were stealing from other stores given the stolen property and tools. It's quite possible that the charges will be amended. Your bigger concern is that the DA will add the felony charge for possession of the tools which won't even take any "investigation."

    By the way, the store names are Saks and Norstrom. Neither are plural or possessive. They are the names of their founders (Andrew Saks and John Norstrom).
    You misspelled the name when trying to correct someone else. Perhaps review before posting if you are going to correct someone...

  4. #4
    Join Date
    Jun 2016
    Posts
    4

    Default Re: (First Offense) Caught Shoplifting (with a Few Complications)

    As I said, I cannot afford an attorney.

    So you're saying that I shouldn't be so worried about the "extra leg work", but rather that the misdemeanor charge would go up solely because of the tool? The felony charge says that I have to have used the tool over the course of the shoplifting. I clearly did not and both the cop and the LP noted that.

    Also, what will be presented to the DA or judge at my arraignment? Will it only the be the cops written report? If so, he didn't note the tags. The LP didn't say anything about them.

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

    Default Re: (First Offense) Caught Shoplifting (with a Few Complications)

    If you are indigent and facing jail time, then you should ask for a public defender.

    I'm saying you the charge might get upgraded. The DA is obviously holding on to all the evidence he needs without doing any leg work. In fact, it may be that he is now heading over to get a bill from the grand jury. Since they know where you are, it's not necessary to lock you up under bail during the process.

    There isn't going to be anything presented at your arraignment but a reading of the charges and an inquiry as to your plea and how you want to proceed. The answer to that question is "NOT GUILTY" and "I'D LIKE A PUBLIC DEFENDER" unless you have direct legal counsel to the consequences of doing otherwise.

    What witnesses appear subsequently depend on what you say at your arraignment.

    And yes, I misspelled Nordstrom without the D.

  6. #6
    Join Date
    Jun 2016
    Posts
    4

    Default Re: (First Offense) Caught Shoplifting (with a Few Complications)

    I mean what is given to the DA? Does the LP contact the DA or do they just have the police report? Again, the LP didn't mention anything about tags at all to the police officer who charged me.

    What evidence is there to upgrade my charge? In Arizona, I had to have actually used the device to facilitate the shoplifting, which I didn't. Possession of it isn't a crime. As far as the tags go, I may have bought the items and left the tags in there.

  7. #7

    Default Re: Caught Shoplifting While in Possession of Evidence of Prior Thefts

    A friend of mine got caught shoplifting for the first time ever no charges pressed... But if she has shoplifted before and never got caught can they charge her for previous times

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Caught Shoplifting While in Possession of Evidence of Prior Thefts

    The DA can charge you with anything he thinks he might be able to make stick. Whether you bought the items and failed to remove the tags is for a judge/jury to decide. That's a pretty flimsy argument if you're expecting it to be a valid reason not to charge you. No receipt for the sale?

    Why do you think it matters that you didn't realize how much you stole and thought the dollar value was lower?

  9. #9
    Join Date
    Jun 2016
    Posts
    4

    Default Re: Caught Shoplifting While in Possession of Evidence of Prior Thefts

    They weren't security tags, just like the brand tags that come on every piece of clothing.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Caught Shoplifting While in Possession of Evidence of Prior Thefts

    Doesn't make any difference. You don't have a receipt, there's no reason to believe you bought them.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: If You're Caught Shoplifting, Is the Store Likely to Discover Prior Thefts
    By SoundWave in forum Criminal Charges
    Replies: 11
    Last Post: 03-21-2018, 03:47 PM
  2. Retail Fraud / Shoplifting: Caught Shoplifting, What Are the Chances of Being Caught for Prior Thefts
    By sarahclare in forum Criminal Charges
    Replies: 1
    Last Post: 10-29-2013, 06:15 AM
  3. Criminal Law Issues: Entering the U.S. After Being Caught in Possession of Drugs During a Prior Visit
    By Junior21 in forum Immigration Issues
    Replies: 4
    Last Post: 10-23-2012, 01:59 PM
  4. Retail Fraud / Shoplifting: If You're Caught Stealing, Will The Store Discover Your Prior Thefts
    By prochang in forum Criminal Charges
    Replies: 3
    Last Post: 10-03-2012, 09:32 AM
  5. Retail Fraud / Shoplifting: Multiple Thefts, Never Caught, BUT SCARED
    By Fred Meyer in forum Criminal Charges
    Replies: 6
    Last Post: 10-21-2008, 05:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources