Shoplifting, Larceny, Robbery, Theft theft

[jst_]

I have been accused of three counts of taking items from a store without paying. I have not denied it but claim it was not deliberate. I have payed back all the money - $101. I have been told that a police report is going to be filed and that I will be arrested.
What should I expect? How long can I be held before being arraigned? I have no criminal record. What is the likely outcome?
I am naturalized citizen, if convicted of this crime can I be deported under the new immigration laws?

 

[zer0s0n5]

Um, were you actually arrested? They can't file complaint after the fact. You can only be arrested if you are caught leaving the store with the items. Otherwise it is just hearsay for them to tell the cops you stole from them with-out an officer there to be witness to you in possesion of these items. Did they call the police? Did you speak to an officer?

If none of this happened, then you've got nothing to worry about. I wouldn't worry about be deported if you are a citizen whether naturalized or not.

 

[jst_]

Originally posted by zer0s0n5
Um, were you actually arrested? They can't file complaint after the fact. You can only be arrested if you are caught leaving the store with the items.

No, I was not arrested, but they have video evidence of me leaving the store without paying for some items. Does this change the situation? As I said I did not deny the action, only the intention to comit a crime.
-JST

 

[zer0s0n5]

What state and area did you commit this act?

Did the security confront you while leaving the store? Have you actually seen this video? If they didn't confront you while leaving, or you haven't seen this video I wouldn't worry too much. I'm not too sure though as I don't know where it was commited to tell you for sure. Let me know where it was commited, and I find out what can actually be done to you at this moment.

 

[jst_]

What state and area did you commit this act?

Did the security confront you while leaving the store? Have you actually seen this video?


It was in Brooklyn NY. They did not confront me in the store and I have not yet seen a video. (I am a member of a food coop so they had my phone number and called m at home.)
-jst

 

[Michael Wechsler]

Originally posted by jst

Originally posted by zer0s0n5
Um, were you actually arrested? They can't file complaint after the fact. You can only be arrested if you are caught leaving the store with the items.

No, I was not arrested, but they have video evidence of me leaving the store without paying for some items. Does this change the situation? As I said I did not deny the action, only the intention to comit a crime.
-JST

Were there three items you took and one charge for each? If it was one item, it might be credible you forgot to pay. But if it's three items.... that would be a difficult claim to make, IMHO. I'm still not seeing whether you were charged -- were you? I read you received a call from the store. Please explain.

 

[jst_]

<<Were there three items you took and one charge for each? If it was one item, it might be credible you forgot to pay. But if it's three items.... that would be a difficult claim to make, IMHO. I'm still not seeing whether you were charged -- were you? I read you received a call from the store. Please explain.>>

OK, it's complicated. I was identified by a video surveylance camera. I have now seen the video and it is certainly me. There were varying amonts of items taken. I did a shop got a reciept (prior to paying) and then realized id forgotten some items and went back. I got a second reciept but only one reciept was presented to the cashier) The number of items varies from, in one instance, one chocolate bar to a turkey and beer and bunch of items. It IS a difficult claim to make that I did not deliberately steal. That's what scares me. I have been under the care of a two doctors, both of whom believe that I have been in effect temporarily insane (there have been other incidents of bizarre but not illegal behavior) due to extreme stress and/or some related condition, possibly drug interaction. Since last writing the store has found evidence of four more incidents, making seven in total!!! Sometimes the lesser amount was paid, sometimes the greater. The store simply will not tell me if they are filing a police report. It has been months now with this sword hanging over my head. Both doctors have given me letters, and I have letters of character support from employers and priests and government officials, attesting that this is not in my character but if/when push comes to shove will anyone believe me? Rhetorical question.

 

[hallruizlove]

prior cases in court

is it against the law for the d.a. to mention in court to the judge a prior arrest which was dismissed and dropped. to me its slander because the case was dropped from my record and dismissed so there was no reason for the d.a. to even bring it into the court room. please someone help me on this one

 

[Michael Wechsler]

Re: prior cases in court

It is not slander because the remark is truthful. What you may be getting at is that it would be inadmissible as evidence since it is "propensity" evidence -- evidence that is unrelated to the crime that is designed to indiciate that the defendant had a propensity to commit the crime because of prior actions. I would object entirely to the DA's mention of this incident and ask for sanctions since he should have known that his statements were inadmissible as evidence and highly damaging. I'm not sure as to exactly what happened but that is an objection I would make.

Originally posted by hallruizlove
is it against the law for the d.a. to mention in court to the judge a prior arrest which was dismissed and dropped. to me its slander because the case was dropped from my record and dismissed so there was no reason for the d.a. to even bring it into the court room. please someone help me on this one

 

[fmcasado]

In addition to the LawProfessor comment, I would also say that you are a naturalized citizen of the US. YOU would not be removable!