Attempted to steal

[RONATUSCALOOSA]

How is it that a person that wants/needs food thinks to steal it but decides in the store for whatever reason that they are not going to do it, puts any and all items back and began to leave the store with nothing on them can be arrested for better judgement? How can a person go to jail for making the right decision?

 

[army judge]

How is it that a person that wants/needs food thinks to steal it but decides in the store for whatever reason that they are not going to do it, puts any and all items back and began to leave the store with nothing on them can be arrested for better judgement? How can a person go to jail for making the right decision?

The ONLY place that argument can be heard is in a courtroom in front of a jury.

The arrest was legal.

There is no magic line that must be crossed.

If concealment was used, well you get the picture.

Tuscaloosa is in Alabama.

If the arrest occurred in Alabama, the law is claer.

Here it is.


Shoplifting is punished as theft in Alabama. A person commits theft by obtaining or exerting unauthorized control over another person's property with the intent to deprive the owner of the property. Criminal penalties for theft become progressively more stringent as the value of the stolen goods increases.

I'm sure that concealing the property could be seen as EXERTING control.

The standard is not as stringent as in some states.

http://www.alabamaretail.org/news.aspx?id=7482

 

[Betty3]

If arrested, a lawyer is needed. If one can't be afforded, the court will appoint one. They "might" not have to go to jail. (or has the person already been sentenced to jail - post isn't completely clear on that - it was a legal arrest)

 

[disagreeable]

Next time buy Ramen. Your money will go farther. It is also likely you have a cell phone and other things you spend food money on so the attempt to make it an act of desperation is moot.

 

[shrinkmaster]

I work in the retail theft field and where your argument is valid there are circumstances that would still qualify as theft. Some states laws read that concealment alone is theft if your state is one then yes you can be charged. Your best option is to seek out a Lawyer and discuss case with him/her. Be aware that defending yourself on these charges could and will likely exceed the cost in fines.

 

[mightymoose]

In some states, California for example, your intent to steal at the time you entered the store would be enough to arrest you for felony burglary, even if it was a cheap cup of Ramen noodles. Of course, proving your intent at the time you entered would be quite difficult, that is the way the statue reads.
If you took the items with the intent to steal them then you committed the offense... it does matter that you decided to put them back, although that can be seen as mitigating circumstances later.
I suspect you made statements during all of this that will be used against you. Attempts to explain things more often than not just make things worse. The best thing you can do in these circumstances is keep your yapper shut.