Can I beat this retail theft case?
Cut to 2nd paragraph for "long story short"
As i read the exact defenition of the charge for retail theft, its all about INTENTION. Now, i was severely messed up on alcohol, an took an overdose of benadryl for a rash on my arm, which caused me to be wayyy to messed up, and causes me to be delerious . If you dont believe it, dont respond. I wouldnt have ever on my own gone into public in this state of mind, but due to the derlerius hallucinations that were caused by the benadryl and alcohol combination, my friends father tried to give me a ride home, but i couldnt explain how to get home so he dropped me off at a rite-aid..i went into the Rite-Aid for what ever fucking reason an decided to pick up two mountain dews, a lemon tea, and a bic lighter TOTAL OF UNDER $10!!!!… swiped my debit card, the dude bagged my stuff up, and i walked out, being so intoxicated, that i did not realize my card was declined. I was also so messed up, i woke up in a parking space to police around me! Now, point of the story is, MY INTENTIONS WERE NOT TO DEPRIVE THE STORE OF GOODS, I THOUGHT I PAID FOR IT, DID NOT EVEN LEAVE THE PROPERTY, SO OBVIOUSLY MY INTENTIONS WERE NOT TO DEPRIVE THE STORE OF GOODS. THEY GOT EVERYTHING BACK THAT NIGHT! DO I HAVE ANY HOPE HERE!
(a) Offense defined – A person is guilty of a retail
theft if he:
(1) takes possession of, carries away, transfers or
causes to be carried away or transferred, any merchandise
displayed, held, stored or offered for sale by any store or
other retail mercantile establishment with the INTENTION of
depriving the merchant of the possession, use or benefit of
such merchandise without paying the full retail value
thereof;
there is no long story short.. during the long story, i forgot to put it. ha!
If my intentions were to deprive the store of goods, i would not have stayed on the property lol.
Absolutely, I am not a moron. I know Intoxication is not a defense for a Crime. I know that. What is a Defense, the charge of retail theft is about INTENTION. if you read it specifically makes room for such possible "accidental" ways of unwittingly making a mistake. As I said, My intentions were not to deprive the store of Merchandise, i did not know my debit card was declined.
If you read here, http://www.pitt.edu/~weinberg/retail.htm
the word INTENTION is used every single time.
The worst part of this story i think, is that im not making this up for a flaw in the system, i honestly thought i paid for the goods, and its a shame to have to be convicted of something i would never intentionally do.
thankyou for feedback though.
Now, The Law is supposedly, "Innocent until Proven Guilty" … so saying its impossible to prove intention,, How could they PROVE 100% with a REASONABLE DOUBT that i intended to steal the items? Theres no way, they would have to make an assumption,…. So, by the way the law is written on Retail Theft, Im not guilty. But your are all right, they probably will not follow it to the way it is written, so i will probably be found guilty. Way To Go America.
Intention is formed in your thoughts. It is impossible to determine what someone is thinking, so the law allows intention to be determined by your actions. The law has to be that way or everyone would simply say "I didn’t mean to do that".
It is reasonable to wait to see if your card was swiped properly and if it was approved. Because your actions were not reasonable, they will be used to imply intent.
You can certainly try your defense, but you are pinning your hopes on the discretion of the judge and not on a legal principle. I’ve never seen a judge take intoxication into account.
Some courts offer a "Second Chance" program to keep the conviction off your record.
Intoxication is NOT a defense to a criminal offense.
You won’t beat it.
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LikeDislikeNice try with this whole, "Intention" thing. I can assure you it won’t work because you were intoxicated. Maybe you need AA and don’t realize it? Being intoxicated is not an excuse, maybe you should not get so intoxicated if you cannot control yourself?
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LikeDislikeIntention is formed in your thoughts. It is impossible to determine what someone is thinking, so the law allows intention to be determined by your actions. The law has to be that way or everyone would simply say "I didn’t mean to do that".
It is reasonable to wait to see if your card was swiped properly and if it was approved. Because your actions were not reasonable, they will be used to imply intent.
You can certainly try your defense, but you are pinning your hopes on the discretion of the judge and not on a legal principle. I’ve never seen a judge take intoxication into account.
Some courts offer a "Second Chance" program to keep the conviction off your record.
References :
Law enforcement since 1991
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