Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Dec 2005
    Location
    home
    Posts
    6

    Default Caught Sneaking a CD Into My Pocket

    First of all... I am here on a visa... I am a resident physician, i.e a doctor.... I bough Norton antivirus from Best Buy last year and wanted to renew it on my computer for this year.... I went to best buy, opened a box and took a cd out... I was immediately approached by a security officer and asked me if anything is in my pocket. I told him I have a cd that I have a question regard.... He didn't allow me to talk anymore and escorted me to a side room and called the police.... I was locked in jail overnight and have to go to court to face petit larson. I plan to plea not guilty since I never walked out with the cd and revealed the cd when the security officer asked me to show what is in my pocket.... I tried to explain to the security officer that my intention was to ultimately buy the cd and that I had no plans of walking with it.
    I plan to plea not guilty since I never attempted to walk out with the merchandise and since I told the security agent that I have a cd in my pocket that I plan to buy. Please advise me on what is the plan of action. Do I stand a chance in front of a judge by telling him that I snuck a cd in my pocket with the intention of buying it later on.

    Thank you

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Accused of Shoplifting CD

    If you take a CD out of the product box and put it into your pocket, most people observing your actions will conclude that you intended to steal the CD. The normal course of action when you wish to buy software is to take the packaged software to the cash register and buy it. If you have questions about the software before you buy it, removing the CD from the packaging and placing it into your pocket won't help you get answers. So you shouldn't be surprised that the police were skeptical of your explanation, and that a judge or jury would be at least as skeptical.

    You may wish to consult a local criminal defense lawyer to see if there is a way to avoid a conviction, particularly given your immigration status. You should consult a lawyer familiar with immigration issues before accepting any plea bargain.

  3. #3
    Join Date
    Dec 2005
    Location
    home
    Posts
    6

    Default Adjournment contemplating dismissal

    I consulted with a lawyer and he is going to request an ADC;Adjournment contemplating dismissal, since I have no prior criminal records or convictions and since the security guard approached me while still in the isle prior to even walking towards the cash register or the exit. And if I have no other incidents or arrests in the next 6 months the case will be dismissed and nothing will appear in my record. Is that the case with ADC, the case will be dismissed in six months, or are there ramifications following that. He assured me that this is not a plea bargain or no contest, but complete dismissal.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Possible Dismissal of Shoplifting Charge

    That sounds like a very good deal, if you can get it.

    Depending upon the laws of your state, the record of your arrest may remain public, even if your record also shows that the charge was dismissed. You may wish to ask your lawyer if that would be the case under the laws of your state, and if so whether there are any laws which would permit you to seal, expunge, or otherwise remove it following dismissal.

  5. #5
    Join Date
    Dec 2005
    Location
    San Antonio, TX
    Posts
    121

    Default

    I am not a legal expert, however I do have esperience with this subject considering I work LP at a retail store. All I can tell you is that in many states the act of concealment is considered shoplifting. So it looks to me that you do not have a case, yet since this is America and our justice system is a little screwed up...with a good lawer you have a chance of getting off.

  6. #6
    Join Date
    Dec 2005
    Location
    home
    Posts
    6

    Default ACD granted. wrongful arrest lawsuit now contemplated !

    Just an update on my case. I had my court appearance and my lawyer got me an adjournment contemplating dismissal, i.e that the case will be dismissed if I watch a stoplift video and have no further arrests for six months. The whole case will be sealed and all charges dropped. During the course of my ordeal I came to realize that Best Buy and their LP agent were cought in a straight up lie. They reported to the cops that I walked past a cash register with concealed merchandize; whereas, the videotape they furnished show an LP agent approaching me in the isle where the CD is located and escorting me to a side room. The site where I was approached by the LP agent is 40 feet away from the nearest cash register. In New York state you have to fulfill at least four criteria to be accused of petit larsony and merit an arrest including intent, concealment, transport and attempt to exit. None of these were met as I was brandishing the CD into the face of the LP agent when he approached me and I never travelled with the CD beyond the site where I picked it up from. Never mind that I never walked past a cash register or exited it with it. My criminal lawyer told me that I have a case for wrongful arrest since the LP and Best Buy's statements contradict their videotape and that the police were bluntly lied to by Best Buy manager since he called them and told them that I walked passed the register with stolen merchandize. I am waiting for my case to be permanently sealed in six months but I have every intention of going after Best Buy and their LP agent. Do you think I have a reasonable chance to recap my lawyer's expenses and get reasonable compensation for the night I spent in jail ?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Did you enter a plea of guilty as part of that deal?

  8. #8
    Join Date
    Dec 2005
    Location
    home
    Posts
    6

    Default

    During arreignment and after the charges were read out, my lawyer simply requested that the case be dismissed pending completion of stoplift video and sealed after six months if no new arrests or charges filed against me, the judge asked the DA if he agrees to this arrangement and the DA stated no objection. Hence, the case will be adjourned and dismissed upon providing proof that I watched a two hour video called stoplift, and the whole case sealed in six months if I have no further arrests or charges. I was never asked to plea anything. My Lawyer had a lengthy discussion with the DA prior to arreignement and they both reached this agreement even before arreignment.

  9. #9
    Join Date
    Jan 2006
    Posts
    2

    Default

    hi there bravo, i have a couple of questions for you, it would be very helpful if you [or anyone really] could answer them for me:

    1. so, how many times were you in court then? you said that you never entered a plea at all, so ... you just went one time and it was all settled? i though that in order to get an ACD, you had to go in, plead 'not guilty' and then go back again ... can you clarify a little?

    2. as far as i can see, you did not have to pay any fines to the court ... is this correct?

    3. out of curiosity, how much did your lawyer charge you? / what state are you in?

    thanks so much,
    your answers will be very helpful

  10. #10
    Join Date
    Dec 2005
    Location
    home
    Posts
    6

    Default

    The case was dismissed during arraignment. It never went to trial. The details of the ACD were crafted between the DA and my lawyer the morning of the arraignment prior to proceedings, so when the judge read the charges my attorney requested ACD and the DA accepted so the judge agreed and the case was dismissed, or rather will be dismissed once I watch the video stoplift which is the only condition for dismissing the case.
    The reason the DA accepted the ACD without hesitancy probably relates to the fact that the best buy manager lied in his report to the cops about me walking past a cash register with a cd then furnishing a videotape showing an LP approaching me in an aisle where the cd is originally posted fourty feet away from the nearest cash register. Lying to the cops to get someone arrested is not a joke and is enough grounds to dismiss any case, nevermind, just a petit larsony misdemeanor.
    I do not have to pay any penny to the court or the state... the case is dismissed and hence I have no debt to pay to the state or society.
    Lawyer's expenses were a might $2500 but I hope I can recap that one day if I decide to file a wrongful arrest civil lawsuit against Best Buy, which is what I am contemplating at the moment.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Weapons Offenses: Wisconsin's Law Regarding Pocket Knives
    By Ulises in forum Criminal Charges
    Replies: 1
    Last Post: 08-01-2011, 08:01 AM
  2. Out of Pocket Medical Cost
    By jerryandpam in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-31-2009, 03:14 PM
  3. Pocket Bike with No M1/2 License
    By EMPaighton™ in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-03-2009, 09:15 AM
  4. Auto Insurance: Should I Pay Out of Pocket
    By revres75 in forum Insurance Law
    Replies: 3
    Last Post: 01-14-2009, 06:35 AM
  5. Search and Seizure: Cop Put Hand In My Pocket To Pull Weed Out
    By DavidH in forum Criminal Procedure
    Replies: 60
    Last Post: 08-13-2008, 02:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources