Legal Question in Criminal Law in Indiana

Intent to Steal vs Stealing

My 23 year old niece was arrested in October for ''intent'' to steal. She was at a Meijers store in Hendricks county at 11:30 p.m. She had paid for several items, took the cart from the self-pay cashier lane to the customer service desk. She returned an item that she had previously purchased (had the receipt) and then returned to the cart. She states that she was headed back to the check out lane when the store security stopped her for ''intent on stealing''. Amount was $300.00

The police were called and she was arrested on ''intent to steal'' and charged with a D Felony. I posted the $500.00 bail.

She has a public defender. He has told her to plead guilty to the D felony. He said that she would receive a $500.00 fine and 1 year probation and then it would be dropped to a misdemeanor.

The question I have is

#1. She does not have a previous record. Why is this a

felony?

#2. Why should she plead guilty when she had not left

the store with the merchandise? She was no where near the door at the time the security gaurd stopped her and she was returning to the check out lane. How can you be arrested on intent''?


Asked on 1/02/04, 2:39 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Intent to Steal vs Stealing

As each case is different, a complete review of the case is require before a clear approach can be applied. If the defendent's position is supported by fact or evidence, then the defendent may wish to advance that as their defense rather then accept a plea. The state's evidence will also need to be reviewed to answer the questions you have raised. These really cannot be answered unless this is done. This is what the attorneys role is in the case.

If the defendent is not pleased with her public defender, then she/he should disuss it with that person. If the issue is not resolved, the option to retain private counsel is always present. This clearly means an expediture of money, but it may be worth the investment.

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Answered on 1/10/04, 10:10 am


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