Shoplifting, Larceny, Robbery, Theft "Accidental" shoplifting

[k_dennis]

Jurisdiction

Georgia

I am a 60 year old woman with no criminal record what so ever other than a few traffic tickets (none within the last 10 years). Recently at a local Kroger while waiting for a prescription to be filled I picked up 4 flea collars (~$9 each). I had them in my hand as I was not using a shopping cart just to get a prescription. My purse hit a display and knocked some merchandise down and in picking it back up, I stuck the collars in my purse to free a hand to pick up the other goods. As I was finishing the pharmacy called and I went to pay for everything, completely FORGETTING that I had stuck the collars in my purse while picking up the items I knocked over. I was stopped leaving the store and charged with shoplifting and arrested. This truly was an honest mistake, not an intentional crime.

First: In booking I was told "just have your husband bring your mortgage statement to prove you own your home and pay the $25 booking fee and you can get out. But the receptionist/clerk/whatever she was... at the jail, told my husband that in Georgia the home that he and I own could not be used for bail/bond. (Quote - "She cannot use her own home to post bail/bond.") He was also told he could not use another piece of property that he owns because it is "just land and does not have a house built on it". So we were forced to use a bail bond company. I never saw a judge - an arbitrary bail was set at $650. So this (at this point) has already cost me $120.00.

But my primary concern is that I do NOT want a criminal record - no matter how minor. Was I in possession of goods I did not pay for? Yes. Was I 'trying' to 'steal' them? NO!

I cannot afford an attorney. How do I plead in a case like this?

 

[army judge]

I am a 60 year old woman with no criminal record what so ever other than a few traffic tickets (none within the last 10 years). Recently at a local Kroger while waiting for a prescription to be filled I picked up 4 flea collars (~$9 each). I had them in my hand as I was not using a shopping cart just to get a prescription. My purse hit a display and knocked some merchandise down and in picking it back up, I stuck the collars in my purse to free a hand to pick up the other goods. As I was finishing the pharmacy called and I went to pay for everything, completely FORGETTING that I had stuck the collars in my purse while picking up the items I knocked over. I was stopped leaving the store and charged with shoplifting and arrested. This truly was an honest mistake, not an intentional crime.

First: In booking I was told "just have your husband bring your mortgage statement to prove you own your home and pay the $25 booking fee and you can get out. But the receptionist/clerk/whatever she was... at the jail, told my husband that in Georgia the home that he and I own could not be used for bail/bond. (Quote - "She cannot use her own home to post bail/bond.") He was also told he could not use another piece of property that he owns because it is "just land and does not have a house built on it". So we were forced to use a bail bond company. I never saw a judge - an arbitrary bail was set at $650. So this (at this point) has already cost me $120.00.

But my primary concern is that I do NOT want a criminal record - no matter how minor. Was I in possession of goods I did not pay for? Yes. Was I 'trying' to 'steal' them? NO!

I cannot afford an attorney. How do I plead in a case like this?

I suggest you search our site, and then search the internet for "accidental shoplifting".

Once you've done your research, you should learn a couple of things, the defense of "accidental shoplifting" won't work, has never worked, and only dig a deeper hole.

At this point I suggest you do that which you have failed to do so far, STOP talking.

Anything, everything, as in ALL things you have said, and will say can and WILL be used against you in a court of law to CONVICT you.

Therefore, it doesn't do anything to help you by explaining.

It only serves to help the hangman tie the knot tighter around your neck, while helping the carpenter build your hanging platform.

Next, appear in court when and where directed, plead NOT guilty, and don't discuss any aspect of your charge, then ask the court if qualify for a public defender.

Its okay to give name, address, date of birth, telephone number, etc..., but under no circumstances discuss any aspect of your case.

Last thing, criminal courts work unlike anything you've ever experinced because your life has been without any crimnal activities.
You are about to enter a world unlike anything you can imagine.
In such a world, disabuse yoruself of things that may have worked to your benefit all of your life.

Look around you in court, the people you observe are very shady at best, and I'm sure you wouldn't have any of them in your home to drink coffee.

You desperately need a lawyer.

You can educate yourself about shoplifting, but only a lawyer can get you out of this mess, or ease the pain that usually befalls people in your predicament.

So, relax, see if you get a public defender, if not, you can get time to see if you can get the money to hire one.

Oh, almost forgot, don't rush this. Rushing it will only hurt you.
As I said, you entering a very bizarre world, so keep your mouth shut, and proceed with utmost caution.

 

[army judge]

In Georgia you commit shoplifting in several different ways.

The intention of your action is to take an item without paying for it or by depriving the owner of all or some of its value by:

Concealing the goods,
Altering the price tag,
Transferring the item from one container to another,
Changing the price tag from another item, or
Wrongfully causing the wrong price to be charged.
Under Georgia's shoplifting laws, if the property you are convicted of shoplifting is valued at less than $300, it is charged as a misdemeanor with potential sentences of up to 1 year in prison and up to $1,000 in fines. However, the punishments grow harsher with each subsequent offense.

If the value of the property shoplifted is more than $300, you will be charged with a felony and face 1 to 10 years in prison.

*Also, if you are charged with shoplifting from 3 different stores in one county, within 7 days, where the value shoplifted at each store was over $100, you will be charged with a felony and face 1 to 10 years in prison.

Georgia's New "Smash And Grab" Law

New laws were passed in the summer of 2010 by the Georgia Legislature to increase penalties for so called "smash and grab" thefts. A smash and grab is a quick theft where someone smashes a window, door, or display case, grabs the presumably more expensive merchandise, and runs away quickly.

Because of the increase in these penalties, and the destruction they can cause, the new laws have some tougher penalties that typical shoplifting/theft charges.

An adult convicted of a smash and grab theft which does damage of over $500 will face a mandatory 2 years in jail. Soliticing a minor child to do a smash and grab on your behalf can result in a prison sentence of 1 to 5 years.

Smash and grabs are more than a childish prank, or exercise in bad judgement, like many shoplifting cases may be.

They are often part of a criminal enterprise or ongoing criminal lifestyle, so the new penalties are particularly harsh.



The GA shoplifting law:

Georgia Shoplifting Laws -

 

[Highwayman]

But my primary concern is that I do NOT want a criminal record - no matter how minor.

Why are you so concerned? Thinking about switching careers?