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OT Lawyers help with law interpretation

Posted on 6/23/22 at 8:44 pm
Posted by SlickRickerz
Member since Oct 2018
2290 posts
Posted on 6/23/22 at 8:44 pm
In the theft law for Louisiana
quote:

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.
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?
My brother runs a small store and caught someone on camera stealing and was figuring out how to go about it.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65701 posts
Posted on 6/23/22 at 8:45 pm to
Unless it’s less than $350.00 in total.
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
3327 posts
Posted on 6/23/22 at 8:47 pm to
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
This post was edited on 6/23/22 at 8:53 pm
Posted by Odysseus32
Member since Dec 2009
7320 posts
Posted on 6/23/22 at 8:49 pm to
I think the first thing he should do is talk to a lawyer.
Posted by SlickRickerz
Member since Oct 2018
2290 posts
Posted on 6/23/22 at 8:51 pm to
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 by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 6/23/22 at 8:51 pm to
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 by Demshoes
Up in here
Member since Aug 2015
10199 posts
Posted on 6/23/22 at 8:52 pm to
Yeah. That will likely go through many plea negotiations if it even gets accepted.
Posted by Wiseguy
Member since Mar 2020
3394 posts
Posted on 6/23/22 at 8:52 pm to
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 by TBoy
Kalamazoo
Member since Dec 2007
23720 posts
Posted on 6/23/22 at 8:53 pm to
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 by Kafka
I am the moral conscience of TD
Member since Jul 2007
141987 posts
Posted on 6/23/22 at 8:53 pm to
Did this involve a PoC (Purloiner of Color)?

Need to know before I call your brother a racist
Posted by Koach K
Member since Nov 2016
4086 posts
Posted on 6/23/22 at 8:57 pm to
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?
This post was edited on 6/23/22 at 9:04 pm
Posted by keakar
Member since Jan 2017
30026 posts
Posted on 6/23/22 at 8:58 pm to
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 by Tortious
ATX
Member since Nov 2010
5137 posts
Posted on 6/23/22 at 9:00 pm to
Quote the preceding section of the statute, preferably the whole thing. It can make a difference.
Posted by Odysseus32
Member since Dec 2009
7320 posts
Posted on 6/23/22 at 9:00 pm to
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 by SlickRickerz
Member since Oct 2018
2290 posts
Posted on 6/23/22 at 9:01 pm to
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 by Booyow
Member since Mar 2010
3999 posts
Posted on 6/23/22 at 9:05 pm to
****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.
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 6/23/22 at 9:19 pm to
What did the person look like?
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17174 posts
Posted on 6/23/22 at 9:28 pm to
quote:


Need to know before I call your brother a racist

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)
This post was edited on 6/23/22 at 9:29 pm
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
35151 posts
Posted on 6/23/22 at 9:47 pm to
I’m not a lawyer but aggregate is the stuff the put in concrete.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27070 posts
Posted on 6/23/22 at 10:16 pm to
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.
This post was edited on 6/23/22 at 10:17 pm
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