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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default Innocent Mom

    My question involves criminal law for the state of Arizona

    I am mom of 2 kids accused of shoplifting. I went in to kohls to retun something which I did promptly. I had a 12 month old baby who was screaming frantically. Inorder to pacify him I basically gave a $5 soft toy . He calmed down for 10 minutes. After which he started crying. so I held onto him all the time while I was shopping. Then I picked out 2 shirts and a perfume. I stood in the line and my son started screaming non-stop. By which time I left all the things on the table there and pushed the stroller out. Little did I know that $5 plush toy was lying in the front of the stroller(where the child usually sits) . My intention at that time was to get to the car as soon as possible, nurse and pacify the infant. After I walked 2 steps out of the store 2 huys came in and asked me if i had payed for the toy. for which I said no and that I didn't know it was there. I followed them and explained to them my intent was not shoplift . if I had such intent why would I display the toy infront of the stroller instead of putting it inside or hiding it.

    The cops came and since i have a clean record they gave me a citation ticket. The cop said I wa slooking at the cameras. For which I replied I was looking at the dresses/shirts displayed on the top. Also I told the officer that I had other expensive things that I left on the table and with a screaming baby I didn't have the slightest hint that I had a soft toy. He said appear before the judge.

    Now I work for the school district and have a clean good record. not even speeding ticket or warning. I am totally depressed, exhausted as to how a small oversight on my part has gotten me into this mess. Also with a screaming baby , a mother's logical, personal reasoning ability will obviously be impaired. Please let me know my implications.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Innocent Mom

    Well, it looks to me like you did shoplift the toy. You may not have MEANT to do it, but you did do it.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Innocent Mom

    The big problem here is that the "my infant was crying and distracted me" excuse is so overused (you'll find examples in dozens of threads in this forum alone), the police and prosecutors tend not to believe it. Have you consulted a criminal defense lawyer yet?

  4. #4
    Join Date
    May 2008
    Posts
    4

    Default Re: Innocent Mom

    To Court Clerk

    The very fact that the toy was outside infront of the stroller proves that my intention was not shoplifting. Do you think it is an advantage for me? It was not hidden at all. I was in the back pushing the stroller.

    what do I need to do now? Should I really call a lawyer or appear myself?

    Thanks

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Innocent Mom

    The very fact that the toy was outside in front of the stroller proves that the toy was not paid for and outside in front of the stroller. Nothing more, nothing less. I remember when I was in college and working at Target, there were people that walked out of the store with merchandise in their hand, some got away because it looked like they bought a big ticket item (like a tv) and there wasn't a bag big enough to fit it (obviously). As Aaron has stated... everyone hears the crying baby story all day long.

    A consult with a criminal defense attorney should be your next step.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  6. #6
    panther10758 Guest

    Default Re: Innocent Mom

    Whether you intended to steal or not cannot be proved or disproved. I can safely tell you that defense will not work as its used countless times. You met the criteria for a theft. Your "best" option was given you by CC and Aaron I concur hire a criminal defense Attorney

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Innocent Mom

    Quote Quoting sowmmom
    View Post
    It was not hidden at all.
    That's another one the police get to hear a lot. "If I were really stealing it, would I have been so obvious?" But of course, 99% of the time that's because they're stealing and want "plausible deniability" if they get caught.

  8. #8
    Join Date
    May 2008
    Posts
    4

    Default Re: Innocent Mom

    Thanks a lot everyone for your valuable advice. I called the criminal defense attorney and consulted. He said

    1. wait until the police report comes in. Then to call him.
    2. I will consult with him as to what works to my advantage and what I can say to the judge
    3.most probably he said to be extremely apologetic to my oversight but the intention is not to steal or shoplift.
    4. his strong guess is the judge might order some fine or service or classes to discharge the case.
    5. in worst case scenario if judge sees i am guilty he said he will represent me in the trial preferably jury trial.

    please let me know if i should ask him to represent me.

    oh! by the way he feels that the LP's in the store were watching me right from the moment i walked in given my race! which nobody will accept including the cops!

  9. #9
    panther10758 Guest

    Default Re: Innocent Mom

    Whether LP was or was not watching due to race is not something you can prove. I would urge you not to play race card

  10. #10
    Join Date
    May 2008
    Posts
    17

    Default Re: Innocent Mom

    I am in the same boat,distracted and didnt pay attention.I know how you feel ,Just pray and get a lawyer like all these nice people advising you here and hope it would work out for you.I WILL NEVER EVER GO SHOPPING AGAIN.
    Thats for sure ....any small mistake can get you in trouble.If I have to I will prefer shopping online But Never at KOHLS again.

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