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Len
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Me and my wife were out christmas shopping the other day. I

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Me and my wife were out christmas shopping the other day. I had a headache and needed some sort of pain relief so I took a bottle of pain relief of the shelf, took two out of the bottle and put the bottle back on the shelf, and continued to shop. When I was leaving the store I got stopped buy a lost prevention officer. They took me to the office had a report filled, called the police, got my rights read told the police officer what happend, filled a statement also on what I did. Ended up with a retail theft charge. This all happened at Shopko. What should I expect when I have to go to court, and should I get a attorney. Should I do anything with Shopko or wait for the outcome on there part. Never had any criminal charges before. Thanks any help will help. Code # XXXXX court date Febuary 24 2009 at 10:30
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Len replied 5 years ago.
<p>Can I get some more information?</p><p> </p><p>1. Do you have a copy of the statement?</p><p> </p><p>2. Did you admit that it happened intentionally, or "simply forgot", or "didn't really think about it".</p><p> </p><p>3. Do you have any other convictions?</p><p> </p><p>Thanks,</p><p> </p><p>Len</p><p> </p>
Customer: replied 5 years ago.
On the statement to the police I told tem I came into Shopko, had a headache opened a bottle of pain relief took out two pills, put the bottle back on the shelf, continued to shop No other convictions. No copie of the statement.
Expert:  Len replied 5 years ago.
Well, the good news is that it was pain relief. There are no other reasons for someone to take two pills and leave the rest. Your defense should be "neglect", or you simply didn't think about the bottle. Your headache was too bad. That is reasonable.

I would get an attorney. The reason is that an attorney will know how to talk to these parties and smooth things over. I doubt that would happen on your own.

Keep in mind that the loss prevention folks are exactly that. They are paid and justify their position by "catching" people. That doesn't mean they are always right. While you are technically guilty on a strict liability basis, theft requires a mental intent to commit that act, and I don't think they could prove that here.

Get an attorney to show up with you at the arraignment, and I'll bet this can go away. If prosecutors handle all theft crimes in your jurisdiction, they will not want to mess with this.

Len
Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience: 15 years practice in criminal and employment law.
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Len
Len
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15 years practice in criminal and employment law.