ok ppl. so my friend switched price tags on a car battery how ever he didn't go to the register and PAY for it shouldnt the charge be on the person who went to the register and paid for it??? what should he do 1st. offense never been arrested .. He tld me the story and I told him you dont want that on your record so i would I fight it all the way the security said he saw him with his own eyes switch the tag but wouldnt that be hear say? I just want the best advice.. please help.
2007-02-05 23:15:03 · 7 answers · asked by heather b 1 in Politics & Government ➔ Law Enforcement & Police
Is there a charge for switching price tags...?
If he didnt try to buy the battery, whats the charge..?
Security guards statements are admissable in court (its their job)
However there is a case of fraudulance here as he might have changed the price for you to come in at his back and purchase the item illegaly.
See a lawyer. Legal advice is free.
2007-02-05 23:24:30 · answer #1 · answered by Merovingian 6 · 0⤊ 0⤋
Both the person who switched the tag and the person who brought it to the cash are responsible for the theft. Hearsay evidence would be if the security guard heard from another customer that they saw the tag switched. The security guard could not testify about what someone else saw that is hearsay.
The security guard who saw it will be a witness and will provide real evidence of the crime in court. This is eye witness testimony not hearsay evidence. Your friend should get a lawyer and ask if he would be eligible for some kind of diversion program (community service). I have seen this happen many times (here in Canada) for first offences for theft.
2007-02-06 03:32:34 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
First of all security is an eye witness. Hear say would be if someone else told security that they saw him. Second it sounds like your friend was working with someone else to get the battery. Your friend changes the price and then his friend buys it. That way the one buying it could say he didn't know anything about it. Do you think you are the first two to think of this? No mater what he does the incedent will be on his record. Even if he went to court and be found innocent. The charge would still be there, it would just say "FOUND NOT GUILTY".
I think the best way is to be honest and try to work it out with the store. They are the only ones who can drop the charges.
2007-02-06 01:35:06 · answer #3 · answered by ttpawpaw 7 · 0⤊ 0⤋
Hmmm....thinking.
I remember reading my own state's law quite a few years ago on what constitutes shoplifting. I do remember that it said "switching price tags with a lower priced item", but it didn't say "And purchased that lower priced item".
I had one person attempt to buy something with a switched tag. Since I couldn't prove that he himself had switched the tag, I simply informed him that if I allowed him to purchase the item for that price, he would go to jail, I would get fired, and did he still want to argue buying a $100 item for $20? He decided to not continue arguing with me and did not purchase the item. So I've never had to call the cops on a purchaser using a switched tag. Legally, though, he probably could have gone to jail.
2007-02-05 23:27:01 · answer #4 · answered by mamasquirrel 5 · 0⤊ 0⤋
for right now what your friend has told you is oNLY hearsay, however if the security officer can identify your friend and also you friend was caught on the video camera in the store then he's totally responsible . it will be up to the courts to decide what takes place.
2007-02-06 04:31:08 · answer #5 · answered by nickle 5 · 0⤊ 0⤋
He knew what he was doing and why he was doing it. He's an accomplice. He should accept responsibility for what he did and not be so f*cking stupid next time.
2007-02-05 23:26:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
they might have him on camera.most stores have cameras now
2007-02-05 23:20:55 · answer #7 · answered by greg a 3 · 1⤊ 0⤋