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  1. #1
    Join Date
    Feb 2009
    Posts
    4

    Default First Offense Shoplifting in Arizona

    This is my first offense of any criminal or misdemeanor activities. I shoplifted an item of $30 in value, was caught before leaving the building. Asked to hand over the merchandise and follow the security + store manager.

    I handed over the materials and followed them into their security office in which they asked me some general questions, "Have you ever shoplifted before? (no), "have you ever had a conviction of criminal activity? (no)", and the like.

    No police charges were made, I was never read my Miranda Rights. They fingerprinted me on the spot and I was banned from the national retail chain of that store.

    Their law offices sent me a letter stating to pay $250 in restitution fee's, in which I did within 7 days time. And they're attorney's office had informed me at that time, when the restitution was paid nothing will progress forward.

    Earlier today, I received a letter stating that I had to appear in a court summons for State of Arizona vs. Myself based upon a misdemeanor complaint, for the following charge/count:

    Count 1 Shoplifting Class 1 misdemeanor

    Second page in that letter states its a summons to court.

    Please take notice as follows:

    First, the enclosed criminal complaint has been filed against you in this court.
    Second, you are ordered to appear in person in court on "inserted date".
    Third, if I fail to appear a warrant for your arrest may be issued.

    Also states on that same day to appear at the enclosed Police Station department for fingerprinting.

    My questions are these:

    I already paid the restitution, so why, now 5 months later is this now occuring?

    Why do I have to appear for fingerprinting at a police station, if they fingerprinted me on the spot?

    If, any at all, if there is or was a mistake of reporting the restitution paid to the law office was not informed to the store chain and now to the state?

    What possible scenarios can occur with this since I have documentation in the forms of a debit/credit card too that law office, a bank statement providing that the information was valid and was paid in full to that law office, and their recordings on file over the phone conversations with them stating that this is over and done with and no prosecution or court sessions will occur?

    I ask these questions because this happened last year in October, prior to my enlistment in the Armed Forces in which a criminal offense can decline your application and you will be discharged if it of a serious manner. Since I enlisted in November, one month later, after everything was taken care of will this progress any further or possibly turn into a larger crime/punishment?

    Thanks for the assistance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: First Offense Shoplifting in Arizona

    Your payment of a civil demand has no bearing on any criminal charges. That was stated in the letter you received demanding the civil penalty.

    The fact that the store fingerprinted you does not mean that the police fingerprinted you.

    Consult a criminal defense lawyer, and give your evidence to your lawyer.

  3. #3
    Join Date
    Feb 2009
    Posts
    4

    Default Re: First Offense Shoplifting in Arizona

    I consulted with a Defense Attorney, and they're going to take my case.

    As for evidence, there wasnt a Police report nor charges filed against me, so the prosecuting attorney (State) has little to no evidence on that behalf. As for the item that was attempted to shoplift, the store most likely does not have that item outside its packaging anymore, let alone retained it.

    Since I was physically seen by a store associate and followed too the door, I highly doubt it was video survelliance since I was greeted by both store manager, store security and store manager. But I could be wrong.

    The attorney stated they were going to file some documentation to state I have sought representation, so I wont have to appear to the court summons, as well as, having the evidence against me be brought forward to see what they're going to be prosecuting with.

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