Felony Territory – What Is It

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: The division is $250 and below and then above that, what is that crime called?

Acacia Law: Normally if you get above that, you're pushing into what is called felony territory. In other words once you hit there threshold, it turns into a felony. So the bottom line is that the dollar amount itself is very low. The threshold is very low between a misdemeanor and a felony. In fact I've had cases that started out as misdemeanor shop-liftings, graduate or be amended to become felonies. Depending on not only what the dollar amount might be but other factors that might come into play that weren't originally known at the time the officer charged it.  Also if you have more than one of these shoplifting convictions, the penalties can increase substantially. So essentially what I have found is that during the course of representing people in this regard, is it's the type of crime that cuts across the social spectrum. In other words, I have had people who actually do have plenty of money, on a lark or for a prank or for whatever reason, might try to get away with taking a pack of cigarettes or something like that, or a CD. Something small or insignificant. The idea being that well, even if I'm caught, I've never done anything like this before, it's not a big deal, it's a small item. Well unfortunately what happens is that the stores, particularly Costco, Wal-Mart any of the major department stores, have very sophisticated security and their standard protocol is to contact the police and have the police come there. They have the right to detain you in fact, right there at the store and will do so.

Interviewer: They have a right to detain you?

Acacia Law: Oh, absolutely. Yes they do. In fact ..

Interviewer: Can you just do it as an employee, or is there a special security person that detains shoplifters?

Acacia Law: Usually it's security personnel that are employed, they are private. However, they do have a right in order to detain you, and will in fact, do so. There is, in this State, no law against doing that. In fact they have the right and I've had cases where this has happened where the person has fled the premises and they've actually chased them down and tackled them and subdued them.

Interviewer: Really?

Acacia Law: Until the police arrived. Yes.

Interviewer: They have the right to do that?

Acacia Law: They do. There's certain things that I think a lot of people don't realize is that they think that if they commit a crime of shoplifting, they think that is sort of handled within the parameters of the store. What they don't realize is that, since it's a crime, the store not only has its own private security, whether they have their own personal service or whether they hire an outside agency to conduct it. But on top of that, they have police who will come in, who actually are the ones who have the authority to charge them with the crime. Basically the person is normally taken to what is called a “holding room” which is a nice word for a holding cell within the store. And essentially are held, more or less the same way as if they had committed a misdemeanor in front of an officer. What I have seen happen is that, when the officers arrive, depending on the circumstances and depending on who the officers are, I've actually had clients who've been taken and processed into jail for it, and have actually spent overnight. For example in Maricopa County, they have what's called the Fourth Avenue jail, which is essentially the processing jail. I believe last time we were talking about how you had the right to see a judge but you could be held in custody if you were charged with a crime and I've actually had people processed through the jail for something as small as taking a candy bar. Again, a lot of times people don't realize that what seems like a prank or something that they do, thinking that the consequences are insignificant, when it comes to shoplifting it falls right under the theft major sub-section and is a crime and is treated accordingly.

Interviewer: Have you seen discretion on the part of the stores, let's say a large store like Wal-Mart or Costco? Do they always detain the person and would a smaller store deal with the person and let them go or, what have you seen the difference between the two stores ….

Acacia Law: Sure, I can tell you for a fact that I have not run into yet, one single store, small or large that has ever simply yelled at somebody or warned them and let them go. I have not run into or encountered or know of any.

Interviewer: Hmm.

Acacia Law: If you go to almost any store, particularly one that deals in retail, you will normally see a very small sign somewhere, usually right in the entry way, which says “shoplifter violators will be prosecuted” Which is essentially the only notification they need give. They will waste the time, even if it is a small store. In fact, particularly if it's a small store. The reason being is that a smaller facility has actually more to lose, because they have less inventory. Typically they do not have the resources of a Wal-Mart or a Costco.

Therefore, every time somebody takes something out of the store, they are losing percentage wise, a more substantive aspect of their inventory. So for them, in order to deter they are more likely to pursue and enforce than even the large stores. The large stores, to the “T” without exception will enforce these things all the way through. I have had situations where I've had two to three just personnel from the security department, not only have video recordings which a lot of people don't realize they are being taped from nine or ten different angles, wherever they are in the store.

Interviewer: Okay.

Acacia Law: In conjunction with that, they prepare reports and they're quite ready. I've done my interviews with them and tried to, they're quite professional about it. They essentially have a very, very strict policy and they don't make exceptions. The only time I could see where they could make an exception would be someone under the age of ten. They might, in those circumstances, reconsider. But, if you're ten years of age or older, and I've had clients as young as ten, they will still contact the authorities and have them contact the parents and the minor will ordinarily end up with some kind of delinquency allegation in Juvenile Court.

Interviewer: Wow.

Acacia Law: That gives you an idea. Shoplifting, again, we're talking about probably what would be considered the lowest statute on the totem pole with respect to theft, is actually a fairly significant and substantial charge in the State of Arizona. The other thing that comes into play that I think a lot of people don't realize, is that shoplifting or any form of theft has a secondary cost to it to the individual. Specifically, when it comes to employment, there's one thing that is flagged by almost any human resource department. That is any crime that has to do with what they consider to be honesty or dishonesty with respect to the handling of either cash or inventory. Most businesses obviously have employees who have some access to some information concerning financial circumstances within the institution for which they work.

Interviewer: Okay.

Acacia Law: Most human resource departments will flag a shoplifting case as a serious offense because it goes to the integrity and honesty of the individual. In other words, what they are doing is they're assessing, is this person a high risk for embezzlement...

Interviewer: Oh, okay.

Acacia Law: Can they be trusted to make deposits across the street at the bank, if we get in petty cash are they going to report it, if they're working at a cashier's position, are they going to pocket some of the loose change at the end of the day which adds up, after months and years into significant dollar amounts? What happens is that a lot of people, by actually being convicted of the crime, seriously impacted on their future employment opportunities because again, you're dealing with a crime that deals the fundamental concern of almost any private business format and that is the correct and accurate handling of funds. If funds are being taken out or if they believe the individual has the potential to remove revenue from the institution then they are considered high risk.