Arrest for a Felony

[pleasehelpme]

Another thing...you cannot be charged with anything for the other clothes that you had on you, there is nothing they can do, or the stores can do, that is bull****.

Oh and about that.. when I was in the backroom, the cop and the other security people back there kept discussing how they would have let me go easy .. but since I had merchandise on me from two other stores they were going to take me to jail for the fake ID .. ugh is that fair?

[PaulE]

"Another thing...you cannot be charged with anything for the other clothes that you had on you, there is nothing they can do, or the stores can do, that is bull****"
That's not always true, in California when we found merchandise from other stores on a shoplifter it was a felony, they call that "Commercial Burglary". It shows your intent to enter a business with the specific purpose of theft, in some states it could be a big deal. When a felony is committed it doesn't require a witness from the victim/victims (the other stores) or even the officer, he only has to determine a felony has occurred.

[freeaddiction]

okay expert Paul,
I'm not quite sure I understand the contradiction between your two messages; first one DA dismissing the felony, second one being convicted of a felony for some crap that is not proven.
BEST ADVICE:
DENY EVERYTHING, DEMAND PROOF
You'd ahve to be an idiot to get convicted of having some extra clothes on you that no one saw you take. I've seen thousands of these cases, if the cop and LP are jerks, maybe they will try and charge you with the felony, but that is different than a conviction. Only an idiot with the worlds crappiest lawyer would actually get convicted of a felony for having some clothes that non one knows where they came from.
Oh with most felonies, a grand jury indictment has to take place. I just learned that. Yes, if this case is going to be seen as a misdemeanor, then there needs to be no grand jury indictment. But also remember, then it will only be a misdemeanor.
Yes the judge gives a time frame if you have a lawyer present for the DA to decide to take this to court as a felony, but it looks like they already set a date.

[PaulE]

freeaddiction for being a wanna-be you really don't know squat, better stick to being a secretary or what ever. If you've seen 'thousands' of these things you should have figured out what I said. That being if a DA wants to get a conviction he can toss the weak felony charge (fake ID) and settle for a reduced theft to misdemeanor. Just because there is "No One" that's standing right to the shoplifter while they boost, doesn't mean it can't be added to the charge. If you know the law so well, you should know a felony can be committed and no witness is needed for an arrest and charges to be filed. If a murder is committed, do they need a witness to file charges? Let see.....NO! Not to mention in most states, it's a felony to be in possession of stolen property.

"A grand jury indictment has to take place. I just learned that." You've been watching too many re-runs of L.A. Law, the DA can file felony charges without going there. You've got a lot more learning to do, I've been in this business for 17 1/2 yrs probably longer than you've been in school judging by your lousy spelling.

[pleasehelpme]

"I've been in this business for 17 1/2 yrs probably longer than you've been in school judging by your lousy spelling.

Even if the others don't know shit about what they're talking about they're just trying to help.. Instead of making fun of them, why don't you reply with something I can actually deem useful? You've been in the business for 17 1/2 years? I am impressed. You have my respect. What do you think will happen to me then???

[PaulE]

If you're looking here for all your answers, you need to stop and think. Just because the other person claims to know what is best, you need to seek proper legal advice. A public defender is free, don't just rely on what I or other people say here. It's different in each state but as a rule somethings are the same. You, I, freeaddiction and everyone else can make an educated guess but that's all you'll get. I've seen cases go both ways, if you had items from other stores, it goes to intent and a felony can be charged. Or if the case is weak in some respects it can be reduced to a simple theft, the fake ID IMO, will go away. Being a legal adult, first offence you might get probation, fine and community service or any combination of these. Some areas have a 'deferred prosecution' system, which is probation, classes and counseling. Ask your lawyer what the out come could be and tell him what you expect him to do for you.

[pleasehelpme]

If you're looking here for all your answers, you need to stop and think. Just because the other person claims to know what is best, you need to seek proper legal advice. A public defender is free, don't just rely on what I or other people say here. It's different in each state but as a rule somethings are the same. You, I, freeaddiction and everyone else can make an educated guess but that's all you'll get. I've seen cases go both ways, if you had items from other stores, it goes to intent and a felony can be charged. Or if the case is weak in some respects it can be reduced to a simple theft, the fake ID IMO, will go away. Being a legal adult, first offence you might get probation, fine and community service or any combination of these. Some areas have a 'deferred prosecution' system, which is probation, classes and counseling. Ask your lawyer what the out come could be and tell him what you expect him to do for you.

Obviously this isn't my only source for answers, considering that I already do have a lawyer. I've also consulted another lawyer from a different firm to double check the information, because what my lawyer told me seems too good to be true. If you were in my position, you'd be worried too. So forgive me if I'm asking for a little insight in matters I don't have a lot of knowledge about.

[motcher41]

Sorry to say it but good. I am a Loss Prevention Manager at a major retail chain. I see most people like you get off way to easy. They should have tuffer laws to deal with shoplifters. They make everyone pay more for there goods. I hope they throw the book at you. Felony Theft, Fake IDs, stolen goods from another store. Did you admit to the other stores theft? Felony Conviction Carries a good fine and sometimes a jail sentance....good luck finding a job in any kind of retail market ever again... I hope you were taught a lesson. Shoplifters always get caught sooner or later.

[pleasehelpme]

Sorry to say it but good. I am a Loss Prevention Manager at a major retail chain. I see most people like you get off way to easy. They should have tuffer laws to deal with shoplifters. They make everyone pay more for there goods. I hope they throw the book at you. Felony Theft, Fake IDs, stolen goods from another store. Did you admit to the other stores theft? Felony Conviction Carries a good fine and sometimes a jail sentance....good luck finding a job in any kind of retail market ever again... I hope you were taught a lesson. Shoplifters always get caught sooner or later.

That's pretty dick of you to say. I'm 18 and I'm still young. I'm in an extremely prestigious college. You really hope this is going to ruin the rest of my life? Before you answer that, think twice and first tell me you've never made a mistake in your life. You do not know my life story. You don't know what I've been through. You don't know what my family's been through either. So shut your fuc*ng ignorant mouth for a second. I'm internally dying. Yeah, I bought this upon myself and I accept that. It would be irresponsible not to. I deserve what I get and I've learned my lesson. Isn't that what the law is for? But why the hell would you feel the desire to wish more suffering upon me?

"Compassion [is] the thing that renews humanity" - Buddha
What the fu*k happened to the humanity in you?

[PaulE]

Somtimes we LP's get more than a little cynical about shoplifting, when you see it day in and day out it happens. I didn't mean to sound like a butthead either, you need to get the full advice of your lawyer is all. Hope everything works out soon, it's not the end of the world even if it feels like it sometimes. By the way.....I screw up on a daily basis so it's something you never out grow....heh. :shock: