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FDP Forum / Moe's Tavern (_8^(I) / I was arrested this past week and have my court date tomorrow afternoon-

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telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 01:43 PM   Edit   Profile   Print Topic   Search Topic

So I started another flip and was getting some supplies from Menards----I did not get a cart and so I was piling the stuff in my hand and one thing I picked up was a pocket knife--with all the talk on the knife thread----and I put the knife in my pocket and went to check out. I forgot about the knife in my pocket and so I went through the line and was walking to exit and I get surrounded by the loss prevention squad---think of Paul Blart Mall Cop....So they confront me with stealing and take me to a little secure room and call police.Police arrive and get statements but since store wants to press charges the policeman wrote out the report---The fat security guy starts gloating I am going down and to prison blah blah blah.
So I have to pay Menards a $200 fine and have no idea what the judge will do tomorrow.....have not told my wife and thinking of going to court alone---no other priors in my entire life of 61 years....I walk outside with police officer and we have a long talk and he gives me my keys back and belongings and was really a decent man---he thought the judge would just wag his finger at me and tell me to never do that again.....what do you think will happen???

Peegoo
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Enjoying

the downtime
Nov 5th, 2017 01:49 PM   Edit   Profile   Print Topic   Search Topic

With no priors and the small value of the item in question, you'll get community service at worst...

Peegoo
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Enjoying

the downtime
Nov 5th, 2017 01:51 PM   Edit   Profile   Print Topic   Search Topic

Tell your wife too. ASAP. It was an honest mistake.

Better she hear it from you than from someone else.

mfitz804
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Staten Island, NY

Our resident rational liberal
Nov 5th, 2017 02:04 PM   Edit   Profile   Print Topic   Search Topic

“have not told my wife and thinking of going to court alone”

Then you’d better win!!

Having googled it, Missouri shoplifting laws are especially harsh. What exactly are you charged with?

If I’m reading this correctly, it’s a Class A misdemeanor with a potential penalty of up to a year in jail, you may want to reconsider and speak to a lawyer.

I’m assuming that once confronted, you immediately realized, apologized, tried to pay for it, etc., correct? Which pocket was it in? How much other stuff were you buying?

Your best argument, it would seem, is lack of intent. You didn’t intend to steal it, you had every intention of paying for it, you just ran out of hand space. This is evidenced by the fact that you shopped without a cart, bought x number of other items, and you stopped and attempted to pay for it. You didn’t run, you didn’t try to get away, as soon as your error in judgment was brought to your attention, you acknowledged it and tried to rectify it.

That, coupled with your age and lack of a record, might just be enough for you to get off with a fine, which you should state you are willing to pay as it was your error, but it was simply that, an error, not theft.






telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 02:05 PM   Edit   Profile   Print Topic   Search Topic

Menards has a policy of any stolen item under $50 they have the right to not press charges and let the person go---why go after a 60 year old client who spends upwards of $20K a month some months----why not give me the benefit of the doubt----oh well....

telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 02:07 PM   Edit   Profile   Print Topic   Search Topic

it is tomorrow at 2:30 pm----no time to get with a lawyer.
My step son just got here today--he is a Lawyer but licensed in California----so I am not sure he could help...

telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 02:08 PM   Edit   Profile   Print Topic   Search Topic

Charged with shoplifting a $45 Kershaw EDC Knife--

mfitz804
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Staten Island, NY

Our resident rational liberal
Nov 5th, 2017 02:13 PM   Edit   Profile   Print Topic   Search Topic

1) Bring as many receipts as you can to demonstrate how much money you spend there, it’s evidence of your lack of intent. Why would you steal a $x knife while spending $20,000 a month??

Shocking to me that they’d even consider pressing charges in that situation, at a risk of losing all of that business.

2) As your step son could also tell you, there’s almost always time to get a lawyer. You could go in and inform the Court that you wish to seek counsel and normally (at least here in NY), they’ll give you an adjournment to get a lawyer. To “deny” you that opportunity, even if it is your own fault for not doing it sooner, is not ordinarily something a judge will want to do.

mfitz804
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Staten Island, NY

Our resident rational liberal
Nov 5th, 2017 02:15 PM   Edit   Profile   Print Topic   Search Topic

I’d also want to know if there’s a surveillance video. An image of you struggling with your hands full of stuff and then putting the knife in your pocket could help you. If there is one, you should really be permitted to see it.

littleuch
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Florida

I'm not as clever as my dog thinks
Nov 5th, 2017 02:15 PM   Edit   Profile   Print Topic   Search Topic

Unfortunately every real shop lifter uses the "I forgot it was in my pocket" line. I know it's late, but I would've gotten a lawyer to discuss all options. A competent one might find some discovery you may be overlooking or not aware of. Are you on any meds that may affect memory, cause confusion, stress, etc.?

Best of luck. Being falsely accused has got to be one of the worst humiliations.

BobbyMac
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California Escapee

Don't look at me with that tone of voice
Nov 5th, 2017 02:21 PM   Edit   Profile   Print Topic   Search Topic

I'm not familiar with Menard's. Do they have a video surveillance camera system? If so, you should consider what it is likely going to show (i.e.; you juggling your items while picking up the knife, or acting furtively while secreting the knife in your pocket).

Lots of people who shoplift buy other things at the same time. The purchases you made that day show you had money, but won't necessarily help you deflect the requisite intent to steal.

I'm not going to be much help here. As a retired police officer, you wouldn't believe how many times I heard an arrested shoplifter say, "Gee, I forgot about that item I put in my pocket. I didn't mean to steal it."

Good luck!

telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 02:27 PM   Edit   Profile   Print Topic   Search Topic

Hmmm meds---- 10mg hydrocodone, sertraline, lisinopril, atorvastatin, and one other I am forgetting--lol....
I am forgetful for sure---especially at the beginning of a flip because there is so so many details to keep straight with electric, plumbing, gas etc. etc. and dealing with my subs---

telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 02:30 PM   Edit   Profile   Print Topic   Search Topic

The policeman who was with me said his opinion is to plead guilty and not try to wiggle out---just be honest and contrite with the judge and your age and no priors should help alot...
I do not think anyone from Menards or the police office will be there---

rok-a-bill-e
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Nashville,USA

Clawhammer Rules!
Nov 5th, 2017 02:45 PM   Edit   Profile   Print Topic   Search Topic

Pleading guilty is saying that yes, you did indeed plan on stealing and got caught, so now you will admit it. I would think hard about that, especially if your line of work requires any type of license which could be affected. No I don't know the law, I'm just a worrier. But in general, never trust anything said by an officer to a "perp" (hint, you're the perp!)
And I would have talked to a lawyer before anyone (except my wife!!!!) and especially before posting here!

mfitz804
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Staten Island, NY

Our resident rational liberal
Nov 5th, 2017 02:46 PM   Edit   Profile   Print Topic   Search Topic

I wouldn’t go in and plead guilty to something I didn’t do that is punishable by a year in jail.

HeavyDuty
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Northeast IL

Not very bright but does lack ambition
Nov 5th, 2017 02:51 PM   Edit   Profile   Print Topic   Search Topic

IANAL, I would probably admit that I put it in my pocket because I ran out of hand space with no cart but that I intended to pay for it. But this guy ^^^^ knows much better than me.

mfitz804
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Staten Island, NY

Our resident rational liberal
Nov 5th, 2017 03:00 PM   Edit   Profile   Print Topic   Search Topic

“I would probably admit that I put it in my pocket because I ran out of hand space with no cart but that I intended to pay for it.”

Me too. With a lawyer guiding me.

(This message was last edited by mfitz804 at 05:00 PM, Nov 5th, 2017)

BbendFender
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American Patriot

About as ordinary as you can get.
Nov 5th, 2017 03:06 PM   Edit   Profile   Print Topic   Search Topic

50-50. I would have never charged you with anything. I'd want your explanation at the store and that would be the end of it.
Never can tell what they will do in court.


telewired
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Kansas City, Mo.

counting it all joy
Nov 5th, 2017 03:18 PM   Edit   Profile   Print Topic   Search Topic

Now I am nervous-----
well I guess by tomorrow night you should know the outcome----and if you do not hear anything then I may be in jail. A terrifying thought----
Is it ok to take a California lawyer just to be with me for support? or would the judge not like that?

K4
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Being defenseless

does not make you more safe
Nov 5th, 2017 03:20 PM   Edit   Profile   Print Topic   Search Topic

Seems odd the store would press charges assuming you (when confronted) acted surprised and offered to pay for it.

Did you get out of the store before the security stopped you? It is not theft until you leave the store.

Did you speak with the store manager, or only to the store security?

Trust the lawyer who answered and get one.

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FDP Forum / Moe's Tavern (_8^(I) / I was arrested this past week and have my court date tomorrow afternoon-





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