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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default Help With A Shoplifting Charge

    My question involves criminal law for the state of: NM. I am 21 years old, 20 at time of crime. First offense. I have a PD that will be at the trial, but I have not yet spoken to him.

    A couple of months ago, I was issued a citation by an officer for walking out of a store with a pair of $45 shoes on my feet that I hadn't paid for. I had initially been walking around the store in the shoes to see how comfortable they were, and trying them on with different outfits, but when it was time to check out I got the smart idea to just keep walking. I was stopped by the plainclothes LP at the door, and told her it was an accident. When the police showed up, and asked what she thought, she told him I seemed truthful. I told the police the same story, but the officer and his jeans-wearing buddy, whom he kept trying to call the "shoplifting expert," probably just to scare me, didn't seem to believe me at all; however, probably out of fear, I kept to the story. Most people I've talked to, even retired cops not involved in the situation, seem to think my story checks out, it was just my stupid forgetfullness and could happen to anyone.
    So one of my questions is, when I tell this story in court, what are the odds that it could be called a form of perjury? I had two friends with me at the time, but neither were stopped, and I can't use either as a witness because one is too scared, and the other has an aunt who works as a clerk for the judge I've been assigned to, so it's the company and officers word against mine. There was a point where my friend reminded me of the shoes and I shushed her, but I don't know that this was visible. The fact that the security woman had the stores video feed and personal accounting of what happened, and still told the officer, whom she seemed to know somewhat, that I seemed honest, makes me more hopeful, but I don't want any worse charges. I understand that honesty is always best, but it seems a small thing to say I meant to walk out with them, thus admitting my guilt, as opposed to I forgot, and walked out with them.
    I'm sorry for the long post, but please give me any advice you can, I was advised to and then pleaded not guilty at the bond arraignment, and now my trial is in two days and I have no idea what to expect. Any other general advice for going to trial would also be greatly appreciated.

  2. #2
    Join Date
    Jun 2008
    Location
    TN
    Posts
    27

    Default Re: Help in Shoplifting Charge

    You need to be honest at your court date. I seem to remember you posting back a couple months ago and mentioning that you had your shoes in your purse. That will pretty much trump your story if the police and loss prevention officers saw this. Having your shoes in your purse and walking out with shoes you didn't pay for will most likely prove what the state is trying to say. The state will be trying to prove intent. That is pretty much all that is left for them to prove. Having your shoes in your purse will give them the "intent" that they are looking for. If the officers saw these shoes then most likely they will bring it up if you try and say it was an accident. A first time offense is not that bad. I would recommend getting a public defender (should be available at court date at least where I live) and talking to the DA. Most of the time the DA will agree to diversion on a first offense with a guilty plea. Also where I live they will usually give you a 60 day review and if you have no further offenses they will remove the charge from your record. Its in your best interest not to lie under oath.

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