Petit Larceny HELP?

Question

my mom and i had gone into a store last night and bought 200 dollars worth of grocerys she forgot to put to sodas and some almonds and left them in her cart totalling 24.00 dollars. we got brought up stairs and charged with Petit Larceny i didnt put any of the unpaid items in the cart my mom did but they said i was the "look out: im 17 years old and i never had anything on my record, its unfair they charged me with it when i did nothing wrong its my job to go shopping with my mom. can i fight this? will i go to jail? im 17 going to be 18 in october please help me i been upset all night. thanks

sheri

Answer 1

Well you may be able to fight it
here is the content of the law:
"
Section 5-9-6 PETIT LARCENY


A person commits petit larceny if the person:


A. Intentionally steals, takes and carries away, leads away or drives away:
1. Personal goods or property, with a value of less than $250, owned by another person;
2. Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
3. Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another perosn.


B. Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.


A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
"
One word I see is "Intentionally"... If you went to court they would have to PROVE that you and your mom wanted to steal these almonds and soda. Then the store would have the "burden of proof" meaning that they would have to prove that beyond a reasonable doubt (AKA: There is no way you did it for any other reason) that you intended to steal the almonds and soda

It is your choice and that is my analyzation
ATTENTION: I cannot be held accountable for any implementation of any of my advice and you follow my advice at your own risk

-TBird

Answer 2

I'll agree with the other poster - the trick is to prove intent.

IANAL(I Am Not A Lawyer), but here's my thoughts:

Part of this involves what each of you did or said when confronted. If you said "Oh, we paid for those" then you're trying to cover up. If you said, "oops, we forgot", then no.

Also, it depends how they were "left in the cart". If they were in plain sight, then you can probably claim "I forgot". if they were covered with your coat, (You really gotta try to spread a coat over $20 worth of sodas) then they can argue that it was deliberate.

"Look out"? You went thru a check-out line! (I assume) It's not like you watched for staff while she stuffed 2 cases of soda down her pants.

After they've filed charges, it's a bit late to change their story. That's sure to get a judge upset. How exactly are they claiming you were a look-out? It almost sounds like they claim you were setting things up ahead of time when the goods were "hidden" in the shopping cart, and you were being watched even then.

My guess is they charge you all - spread the mess so that you think it's easier to plead guilty and pay the fine. A lawyer will cost even more. If you don't want the record, get a good lawyer.

I also bet, the people who filed charges are none too swift, and charge people with whatever they feel like, without regard for what the law says or the facts. (Especially if they claim "look-out" without substantiating facts). They're just trying to bully you into giving up.

However, don't expect these Bozos to tell the truth in court, especially when they realize they could be on the receiving end of a lawsuit if they lose. Be sure to get copies of their initial statements from the police before approaching them with questions that might allow them to patch up their stories. (Hence, "get a good lawyer").

Don't say anything yourself to anyone. Get a good lawyer. Threaten them with a false arrest suit. Have it served on the head of the store chain too. Nothing upsets a manager like dragging his boss, or his boss's boss into the mess.

Were you actually arrested? Did they say "come with us" or "you're under arrest", or did they politely ask you to accompany them to the office of your own choice? Did they threaten? Did they prevent you from leaving?

Good luck! Get a good lawyer, and pay attention to what he says.

Another interesting thing - what are you planning to do with your life? If you plead guilty, with this affect your changes for getting a government job, bonding for accountant work, teacher certification, military, or whatever? Ask the lawyer.

Answer 3

Criminally, no. In civil words, you have have been given larger issues than merely giving the chum a greenback back. Courts are very accepting of ex submit harm analyses as adversarial to ex ante analyses, so... If the chum desperate to take the civil path to treatment his/her harm, that $a million million plus pre & submit judgment interest, costs and expenditures of court docket could be leaving your account and going rapidly back on your chum's account.

Answer 4

I doubt the store will bother to show up for the trial. They are hoping for a plea bargain. I would definitely fight it if you were not helping. The security camera will have film of your activities & you can use them to clear yourself or they will use them to convict you. It all depends on whether or not you are guilty. Sleep well with a clean conscience.

Answer 5

You won't be in trouble. Get a lawyer. Petit larceny is a very minor crime anyway. Your mom wouldn't get any more than probation, even if she had meant to do it.

Answer 6

Its spelled petty you petty *****.