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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4823
Experience:  Experienced in state and federal criminal litigation.
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hello im currently in Afghanistan and my wife was arrested

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hello im currently in Afghanistan and my wife was arrested yesterday for shoplifting a 4 dollar dinosaur my 3yr old put in her purse what will happen to her and also the police did not read her Miranda rights

texlawyer :

Hello. I'll be assisting you with your question.

texlawyer :

First off, the police are not required to read a person their Miranda rights when they arrest them; they are required to do so before they question them. If she was never questioned by police, then Miranda is not an issue.

texlawyer :

Second, as far as what will happen to her, it largely depends on whether she's been in trouble before.

texlawyer :

Below is the Mississippi statute regarding shoplifting:

texlawyer :

As you can see, for a first time offense, if the value of the item stolen was less than $500, as it is in this case, the maximum she could receive is 6 months in jail and a fine up to $1000.

texlawyer :

If it is her 3rd or more time to be convicted of shoplifting, it is a felony, with up to 5 years in jail, making it much more serious.

texlawyer :

However, assuming she's not been in much trouble in the past, if she's convicted, the odds of her getting jail time are very, very slim. She would almost certainly receive probation.

texlawyer :

As far as the facts of the case go, she can't be guilty of the offense if she did not know the item was in her purse. In order to be convicted of theft, a person must intentionally take the item. If the 3 year old put it in her purse without her knowledge, then she did not intentionally steal it. As such, she couldn't be convicted.

Customer:

she has never been in trouble before but security cameras did not catch it so the police didn't believe her would it be best to just plead guilty and get it over with

texlawyer :

OK. She should strongly consider hiring a lawyer before she does that. A theft conviction, even a small one, can impact her ability to get a job in the future.

texlawyer :

However, if she does decide to plead guilty without an attorney, she's very, very likely to get probation.

Customer:

she does not work she is a stay at home mom she just does not want it getting all over the neighborhood by dragging it out

texlawyer :

Ok. That is clearly her decision. I just wanted to make you aware of all the concequences.

texlawyer :

Does that answer your questions?

Customer:

just wanna be sure she want go to jail because I am deployed and we would not have anyone too keep my son

texlawyer :

If she's never been in trouble before, I don't see it happening. I've never seem somone with no criminal history go to jail over a $4 shoplifting charge. I can't see any judge doing that.

Customer:

ok thanks man it just feels helpless way over here and I cant help

texlawyer :

I understand. This must be very frustrating. However, I think this will quickly blow over. A $4 shoplifting charge is not a big deal in the grand scheme.

Customer:

that's what I told her thanks

TexCrimLawyer, J.D. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

I payed the fine $900 to the police department and she still has to go to court can you explain why and also walmart is demanding 200 dollars why should I pay them when I have already payed the police

Hi. Mississippi, like most states, allows company victims of shoplifting to pursue civil damages. Under the Mississippi statute, the company only has to make a written demand to make the shoplifter liable. Here is the statute: http://www.mscode.com/free/statutes/97/023/0096.htm

That said, if you don't pay them, the most they can do is report you to a debt collector for the $200.
Customer: replied 4 years ago.


it say if you do not pay you will be arrested also can you tell me why she would have a court date after I payed the fine


 

This is a civil claim, so it is not an arrestible offense. As far as a court date after the fine was paid, it may be a hearing to offically enter her plea. Without seeing the notice, it is impossible to say, but if she has not oficailly entered her plea yet, that is most likely what it is for.

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