Shoplifting, Larceny, Robbery, Theft Retail Theft Charge (1st Time, Wal-Mart, a.k.a Super-Power)

[NIKECAT]

1. My daughter puchased a CD in the CD/Tape section of Wal-Mart.
2. Then went to clothing and tried a coat on--walked around to check the fit, and hung it up.
3. She went to the garden center to find flowers for her recently deceased husband's grave and to meet a friend there..
4. The friend was not there and she went back to get the coat and returned to the garden area to pick out the flowers herself.
5. In the garden center, a presumed customer (male) asked her what kind of flowers she wanted and she described them. The man pointed to the screened in area.
6. The minute she walked into the screened area, the man pulls out a badge, and says he is store security and charged her with stealing a coat. She never left the store, had plenty of money to purchase the coat and intended to pay for the flowers and coat at the same time.
7. Wal-Mart called the police; she was arrested; paid $100 bond; and notified of a court appearance.
8. My 33-year old daughter does not know if she should fight the charge or just admit guilt since her friend was observed leaving another exit of Wal-Mart with a men's electric razor in his jacket.
9. Will the judge assume guilt by association? This is her only time arrested.
10. Wal-Mart sent her a letter stating: In accordance with Florida Statute 772.11, you are liable for threefold the actual damages sustained and, in any such action; we are entitled to minimum damages in the amount of $200 and reasonable attorney's fees and court costs in the trial and appellate courts.
11. Is this blackmail to scare her to plea guilty?
12. What happened to innocent until proven guilty?
13. Her court date is in March.

 

[NYClex]

Hm, I remember there are two different kinds of "outside gardening center" areas: some which are enclosed by a fence and can only be entered from the store and others which are open to the parking lot. In those you actually have to pass through a checkout first if you enter from the store. This is probably the vital difference here: If she overlooked the fact that there was a checkout counter before she entered the garden center area and there was an unguarded exit from the center to the parking lot it will be more difficult to defend against the charges. If not, I think the charges are pretty weak.

In both cases though, there seem to be ways to defend. It is the state's (or Wal-Mart's, in a civil proceeding) burden to prove that she actually had the intent to steal.

Since a criminal record can really mess up someone's future I think she should consult a criminal defense attorney.