Shoplifting, Larceny, Robbery, Theft Dumb decision.

[Fkencyjr]

I was shopping at a mall aday ago. I made a first time studid decision to steal some pants. I was caught and booked and arrested. This was my first time doing something like this. I am a honor student at my college. 3.6 gpa. And studying to take the MCAT in the spring. I realize that i made a stupid mistake and i want to know if thier is anyway that i could get out of this without it going on my record.

Facts of the crime: I'm 19yrs. The pants were worth about 250$. I was charged with a misdimeanor theft.

Can i use this to help me out? I never left the store with the merchandise. I used to work a retail store and our manager always told us that the prep must leave the store with the stuff in order for us to arrest him.

Next: I was not read my rights by niether the mall security nor the police department that came and got me. The officer told me that the police department was not arresting me, it was the mall security that was arresting me. Will them not reading me my rights give me a chance to clear this from my record???

 

[NYClex]

First things first. No, you do not need to have left the store to be charged with larceny. Actually it would even be sufficient if you take something from the shelves and you would be stopped only a foot away from the shelf. But since this is not very smart in today's big markets, the point is, once you are behind the register area, your intent to steal becomes relatively obvious.

Now, another misconception is the one about the Miranda rights. The police does not have to read those warnings to you at all. And they have nothing to do with arrest. They are warnings about interrogation. It is the warning that you do not have to answer any questions pertaining to the reasons why you are being arrested and that you have the right to seeklegal representation before you do answer any questions, but if you do, that everything you say can be used in court.

What happens if the police don't warn you? The arrest still is valid. The only thing which they cannot use in court is anything you said to them before you had legal counsel. That's all.

The same goes for a "citizen's arrest", that is an arrest made not by a police officer but by a private citizen, for example a security guard. Actually the law here is even weaker for the accused, since statements made to the arresting private citizen under certain circumstances might be admissible. The Miranda warnings are meant to protect you against the power of the police.


So what does that mean for you: Since there is a lot at stake here, your whole college future etc. you should get a lawyer and have him start bargaining with the prosecutor. Depending on the state you are in there might be ways to avaoid a damaging criminal record. The money invested in a defense lawyer could be worth it.