- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
OT Lawyers help with law interpretation
Posted on 6/23/22 at 8:44 pm
Posted on 6/23/22 at 8:44 pm
In the theft law for Louisiana
My brother runs a small store and caught someone on camera stealing and was figuring out how to go about it.
quote:does that mean if someone would steal from the same store 3 different times, when the store finally decides to press charges, they will be charged for the 3 amounts in total?
When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense.
My brother runs a small store and caught someone on camera stealing and was figuring out how to go about it.
Posted on 6/23/22 at 8:45 pm to SlickRickerz
Unless it’s less than $350.00 in total.
Posted on 6/23/22 at 8:47 pm to SlickRickerz
Prosecutors press charges, not the victim. You go about it by reporting the crime
ETA: your brother can bring a civil claim for whatever the Louisiana version of conversion is. You should get a lawyer for that though
ETA: your brother can bring a civil claim for whatever the Louisiana version of conversion is. You should get a lawyer for that though
This post was edited on 6/23/22 at 8:53 pm
Posted on 6/23/22 at 8:49 pm to SlickRickerz
I think the first thing he should do is talk to a lawyer.
Posted on 6/23/22 at 8:51 pm to Odysseus32
quote:
I think the first thing he should do is talk to a lawyer.
He’s not the thief. He opened a small shop after being laid off from covid layoffs and he’s dealing with his first habitual shoplifter.
Posted on 6/23/22 at 8:51 pm to Odysseus32
quote:
I think the first thing he should do is talk to a lawyer.
Why? He reports all crimes committed, at that point its up to the prosecutors (state) to press the charges. What is a lawyer going to do as far as advising him on the charges being brought?
Posted on 6/23/22 at 8:52 pm to AllbyMyRelf
Yeah. That will likely go through many plea negotiations if it even gets accepted.
Posted on 6/23/22 at 8:52 pm to SlickRickerz
It means if the three offenses total more than the amount for a felony, it becomes a felony rather than 3 misdemeanors. At least that’s how I read it. Disclaimer- I am not a lawyer.
Posted on 6/23/22 at 8:53 pm to Mingo Was His NameO
quote:
Why? He reports all crimes committed, at that point its up to the prosecutors (state) to press the charges. What is a lawyer going to do as far as advising him on the charges being brought?
Nothing. Just report the crime, provide whatever evidence you have, and follow up as much as you can. Also, if given a number for a victim’s rights coordinator, call them and make sure they know you want a prosecution.
Posted on 6/23/22 at 8:53 pm to SlickRickerz
Did this involve a PoC (Purloiner of Color)?
Need to know before I call your brother a racist
Need to know before I call your brother a racist
Posted on 6/23/22 at 8:57 pm to SlickRickerz
Everyone loves playing Perry Mason until they actually have to.
Aggregate means, according to a dictionary, “a whole formed by combining several (typically disparate) elements.”
Now bring in the element of time. Does aggregate apply to one trip inside the store? One day? Several days?
Aggregate means, according to a dictionary, “a whole formed by combining several (typically disparate) elements.”
Now bring in the element of time. Does aggregate apply to one trip inside the store? One day? Several days?
This post was edited on 6/23/22 at 9:04 pm
Posted on 6/23/22 at 8:58 pm to SlickRickerz
quote:
My brother runs a small store and caught someone on camera stealing and was figuring out how to go about it.
seriously, get a baseball bat and turn off the camera and handle it himself
if its in baton rouge or new orleans then unrestricted theft is allowed, reparations and all that.
any other place you might have a small chance they would arrest them
Posted on 6/23/22 at 9:00 pm to SlickRickerz
Quote the preceding section of the statute, preferably the whole thing. It can make a difference.
Posted on 6/23/22 at 9:00 pm to Mingo Was His NameO
quote:
Why? He reports all crimes committed, at that point its up to the prosecutors (state) to press the charges. What is a lawyer going to do as far as advising him on the charges being brought?
Just seems like if OP is asking advice on the OT hoping a lawyer chimes in he should consult one IRL.
Posted on 6/23/22 at 9:01 pm to Tortious
quote:
A. Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential. B.(1) Whoever commits the crime of theft when the misappropriation or taking amounts to a value of twenty-five thousand dollars or more shall be imprisoned at hard labor for not more than twenty years, or may be fined not more than fifty thousand dollars, or both. (2) When the misappropriation or taking amounts to a value of five thousand dollars or more, but less than a value of twenty-five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than ten thousand dollars, or both. (3) When the misappropriation or taking amounts to a value of one thousand dollars or more, but less than a value of five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than three thousand dollars, or both. (4) When the misappropriation or taking amounts to less than a value of one thousand dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than one thousand dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both. C. When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense. D. In a prosecution under this Section where the property allegedly misappropriated or taken was held for sale by a merchant, an intent to permanently deprive the merchant of the property held for sale may be inferred when the defendant: (1) Intentionally conceals, on his person or otherwise, goods held for sale. (2) Alters or transfers any price marking reflecting the actual retail price of the goods. (3) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection. (4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods. (5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.
Posted on 6/23/22 at 9:05 pm to SlickRickerz
****This post is not to be assumed as legal advice. Furthermore, this reply does not create an attorney-client relationship.****
Next time the thief comes to the store chop that muthafrickas hand off.
Next time the thief comes to the store chop that muthafrickas hand off.
Posted on 6/23/22 at 9:19 pm to SlickRickerz
What did the person look like?
Posted on 6/23/22 at 9:28 pm to Kafka
quote:Why wait for proof. LibProgFilth worthless detritus never wait for proof, rather, jump in with both feet and heads planted firmly inside their own colons. Aspire to such greatness as they. You can achieve it easily it takes no brainpower and only minimal effort (if it took either to be such libtardedfilth they'd never even succeed at that)
Need to know before I call your brother a racist
This post was edited on 6/23/22 at 9:29 pm
Posted on 6/23/22 at 9:47 pm to SlickRickerz
I’m not a lawyer but aggregate is the stuff the put in concrete.
Posted on 6/23/22 at 10:16 pm to SlickRickerz
While an aggressive prosecutor could conceivably attempt to use the aggregate acts provision for separate incidences of shoplifting, that would be a very long row to hoe. It’s much more commonly used for an employee who steals over time, etc. It’s not really meant for people to just delay reporting a crime with the intention of getting it upbilled.
But theft with two or more prior convictions is a felony, if that makes you feel better.
But theft with two or more prior convictions is a felony, if that makes you feel better.
This post was edited on 6/23/22 at 10:17 pm
Popular
Back to top
Follow TigerDroppings for LSU Football News