Thursday, February 4, 2010

Is this legal or can it be dismissed for false arrest?

my friend got arrested in the mall for ';stealing'; but she never left the store with the stuff then they took what she had and made her pay for it. so she paid for nothing. then they took her to the police office and did the mug shot and stuff. is that legal?Is this legal or can it be dismissed for false arrest?
In some states, the simple act of secreting an item is sufficient evidence of intent for theft. Other states require that you pass a 'point of no return' before it's theft (the final point where you had the opportunity to pay for it, but didn't).





If they caught you and took it back, then they recovered their property. They have the option to make you pay for it and send you on your way, or keep it and file charges or not file charges. To keep it but make you pay for it is shaky grounds. The only way to get away with it is to let you go without filing charges. A store 'fine' if you will. Sure, you could fight it, but you'd also reinstate the theft charge, too. Most people take the loss and get out of there.





The mug shot and stuff has nothing to do with the theft, specifically. It's about trespassing you (banning you from the store) for good cause, and that is legal. If you wanted to push the point, you could protest it, but then they could reinstate the theft charge AND still trespass you.





So take the loss and consider yourself lucky. (I know, it wasn't you, but it applies to whoever it was.)Is this legal or can it be dismissed for false arrest?
In most states, a theft is complete when a person gains possession of the property with the intent to permanently deprive the owner. A few states have special laws about shoplifting that make it a crime to leave the store without paying. Those are rare. Taking the property back and making her pay might be a defense in some few states that allow a civil compromise to a misdemeanor charge.
If she had the items hidden they can get her for intent, even if she did pay for the items in the end. However, I'm not sure what kind of sentence that would get her, if any. Chances are she would just be banned from the store. She needs a lawyer, that's for sure.
If she was still in the store, then they can't prove she was going to steal it, unless she hid it in her clothes or something like that.
it's legal

No comments:

Post a Comment