16 year old shoplifting in Ohio

[worried father]

My 20 year old daughter (turns 21 in September) was arrested at Wal-mart for aiding and abiding/shoplifting. At the time she she was with my 16 year old who had the merchandise (4 magazines which had had their bar codes removed)) in her hand back ...my 20 year old had no merchandise on her at the time they were both stopped. When they were stopped they were both still inside the store and on the way to the restroom ..they had not made it to the rest rooms at the time they were asked to have thier hand bags checked. She has a public defender ...but after her initial meeting with the public defender things seemed less then hopeful on how well she was going to handle the matter. She was told to show up for her court date (Aug 30th) and at that time the public defender would have options for her. It's my understanding that you must leave the premisses for it to officially become shoplifting? My 16 year old has participated in a Diversion program and for her the matter is settled. This is the first time either has been in any trouble. I looked into hireing a lawyer but being a single father of three (with my oldest taking online collage while still living at home) when they told me it would be $1,500.00 just to see me it was well out of my price range. We live in Ohio. I have gotten the impression that since my 16 year old was a miner and that there was little they could do ..that they are coming after my 20 year old full force to make up for it since she is considered an adult. While I can not attest to her complete innocence ..my question is having not left the store is this officially considered a case of shoplifting in the eyes of the law? along with the fact she did not have any of the merchandise on her?

[Friend In Court]

Her public defender is her best bet to answer the questions on what type of penalty she will get. These "options" the public defender is considering should be explained to your daughter. Whether everything will rest on points of law in your state or the circumstances, failure of proof, is best answered by the defense lawyer from your state.

[BOR]

Originally Posted by worried father my question is having not left the store is this officially considered a case of shoplifting in the eyes of the law? along with the fact she did not have any of the merchandise on her?

See (A) (1) (3), this is the by DECEPTION element. While Ohio has no specific "Concealement" law as some states do, the case law will no doubt bear out that hiding merchandise is an attempt to deprive the owner of its property.

No doubt it is a Misdemeanor of the 1st degree. This entitles the person to a jury trial and a public defender if indigent. The MAX penalty is 6 months and 1,000.00 fine. She also has the option, if a 1st offense for her, to reqest a "Pre-trial" diversion program.

If an accomplice or conspirator, one can be charged as the PRINCIPAL in the crime also.

An Attorney will advise.

Lawriter - ORC - 2913.02 Theft.

[sunlover]

It is not required to leave a store to be guilty of theft. In addition some states state concealment alone is theft. All tha tis required is that the subject(s) pass the last point of sale which it appears they did. Diversion is likely the best option for both as being with the person selecting merchandise and not preventing the theft makes accomplice guilty of theft as well

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[Bryants]

I think what did them in was the fact that the bar codes were taken off. Had they not done that, they probably wouldn't be in the trouble they're in. Especially your daughter.

[Lexus]

A merchant must provide probable cause for shoplifting, which must satisfy certain criteria, before you can be detained. If you are caught with merchandise, in many states a merchant has the right to detain and question you and have you arrested. Other customers or employees who do not satisfy the requirements of probable cause for your arrest may be considered unreliable witnesses. The use of excessive force in your detainment can be a violation of your rights. An organization that deals with civil rights such as the ACLU should be notified in serious cases.

[BOR]

Originally Posted by Lexus . The use of excessive force in your detainment can be a violation of your rights.

Ohio's shoplifting detainment law deals with that.

Lawriter - ORC - 2935.041 Detention and arrest of shoplifters - detention of persons in library, museum, or archival institution.

An organization that deals with civil rights such as the ACLU should be notified in serious cases.

I may, not the ACLU, as the store is not the govt., so the Bill of Rights is not violated.

While the 1st and 4 AM can bind private entities at times, they deal with govt. intrusion for the most part. A Private Attorney can handle any such alleged questionable force.