Legal Question in Criminal Law in Pennsylvania

Shoplifting Charges

1 year ago I was caught shoplifting in a drug store the item was a pregnancy test.

Charges were not filed and police were not called. The store sent me a notice with a fine. 150 dollars + the cost of the item. I was also told not to return to the store. I paid the fine right away and didnt return.

But, I went back to the store the other night because I wasn't feeling well and needed medicine. It was closest to my house. They had 6 packs of coke on sale for 5 bucks for 2 so i grabbed two and put the medicine (7 dollars)in my pocket. They saw it on camera and stopped me before I left the store. Appearantly, thats considered consealing the item which = theft.

Police were not called but they did take my info down. I figured I would get another fine.

Last night the store manager called and said that because this was the second time this happened, he is going to file a criminal complaint. The charges he stated he would be placing are for tespassing and double retail theft.

There is an ARD program for first time offenders.

Will I be a first time offender

Will a Public Defender take the time to ask for ARD?


Asked on 2/06/08, 8:23 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Shoplifting Charges

What do you mean charges weren't filed the first time? What was the $150 fine then? Stores can't fine people.

Yes, putting something in your pocket is considered attempted theft. They should have, however, let you get to the checkout to see if you stole it or not. From what you said, it appears that you still had it in your pocket when you started to leave.

And, yes, a public defender will ask for ARD. All lawyers will do this. Whether you get it or not depends on the district attorney...it's totally the district attorney's discretion.

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Answered on 2/08/08, 2:52 pm


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