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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default Shoplifting Citation In New Mexico

    In a store in NM, I was stopped by their LP walking out of the store with shoes on that I didn't pay for. I told the LP and the cops that came that it was an accident, I forgot they were on my feet when I was at the register paying for something else, as I had been walking in them to see if they would be comfortable for the long trip I was taking. My shoes were in my purse at the time, because I was carrying lots of clothes around. The price of the shoes were $45. The cops put me in the back of their car, wrote me a citation and then let me go. I have to take the citation to the courthouse within five days to get a court date. The store said they will also send me a letter saying I am banned from the premises.

    I have never been arrested before, and it is definitely a first time offense.
    My question is what to do from here? I have no idea what to expect from court, I don't know anyone who has been there. Will the letter from the store include a fine, or do they simply send me to court and hope for the maximum penalty? I don't know what to say to the judge or whoever, I think it's a better idea to stick to my story when the store and arresting officer is present, but I don't want to piss the judge off either because I'm sure they hear that sort of thing all the time. If I continue to say it was an accident, does that count as my pleading not guilty, and then having to continue with more trials? I'd rather just get it over with, but at the same time if I can possibly get into a diversion program to get it off my record I want to. I don't have a lawyer, I'm a 20 year old student and I can't afford one. I hear of these court appointed lawyers, but when do I even talk to one? Please give me any advice, or an idea of what I can expect from here on. Thank you.

  2. #2

    Default Re: Shoplifting Citation In NM, Please Give Advice

    Walking out of the store with shoes on your feet you didn't pay for, and your shoes in your purse is not an accident. Do not try and convince the Judge that it was. Here's the NM statute (I included the civil liability section):

    30-16-19. [Shoplifting;] definitions. (1965)

    A. "store" means a place where merchandise is sold or offered to the public for sale at retail;
    B. "merchandise" means chattels of any type or description regardless of the value offered for sale in or about a store; and
    C. "merchant" means any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor.

    30-16-20. Shoplifting
    A. Shoplifting consists of one or more of the following acts:

    (1) willfully taking possession of merchandise with the intention of converting it without paying for it;

    (2) willfully concealing merchandise with the intention of converting it without paying for it;

    (3) willfully altering a label, price tag or marking upon merchandise with the intention of depriving the merchant of all or some part of the value of it; or

    (4) willfully transferring merchandise from the container in or on which it is displayed to another container with the intention of depriving the merchant of all or some part of the value of it.

    B. Whoever commits shoplifting when the value of the merchandise shoplifted:

    (1) is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor;

    30-16-21. Civil liability of adult shoplifter; penalty. (1977)
    Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978, may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of the suit and reasonable attorney's fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise.

  3. #3
    panther10758 Guest

    Default Re: Shoplifting Citation In NM, Please Give Advice

    Diversion programs vary and are not available everywhere. You should consult a criminal defense Attorney and see if your state and County has Diversion and its availability. I agree with SC do not use the "accident" defense you will be laughed out of court true or not

  4. #4
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Shoplifting Citation In NM, Please Give Advice

    Thank you, much appreciated

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