History14 mins ago
shoplifting - irish legal system
what happens if u are accused of shoplifting but it was a genuine mistake (was looking at mascara in store ,picked it, went to get some vests, put mascara in pocket when getting purse out as had others bags i was carrying ) and forgot to pay for it. also am in early stages of pregnancy, bad morning sickness and v tired so was just not thinking when i walked out of shop. im not a 16yr old chancing it - (am 30+ married mother of 3 kids and working part-time)
im so worried about this if anyone could explain what happens. ive never ever ever robbed anything. i know ur thinking yeah right and suppose sure store thought this
do i get summons, legal help/solicitor ?
what should i do?
what happens in court ?
first offence - is it fine and a criminal record?
if i could get some legal advice in relation to irish situation please
Answers
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jkl,
Shoplifting is theft and as such you need to have intended to not pay for the item and purposely remove it offering no payment. As Ethel says do not accept a caution and you will appear in mags court. The magistrates will listen to all the circumstances and decide if they believe your explanation. If it is your first offence then you could be found not guilty, or fined or bound over. The whole thing can be nerve racking but tough it out and don't say your guilty if your not.
BEST OF LUCK
Shoplifting is theft and as such you need to have intended to not pay for the item and purposely remove it offering no payment. As Ethel says do not accept a caution and you will appear in mags court. The magistrates will listen to all the circumstances and decide if they believe your explanation. If it is your first offence then you could be found not guilty, or fined or bound over. The whole thing can be nerve racking but tough it out and don't say your guilty if your not.
BEST OF LUCK
PS
A caution is a police record not a conviction, if you are found guilty at court that is a criminal conviction and you will have a criminal record.
The criminal justice system is designed to protect the innocent by assuming innocent until proven guilty.
If the mags. find you guilty you can appeal which will be heard at crown court.
LMan
A caution is a police record not a conviction, if you are found guilty at court that is a criminal conviction and you will have a criminal record.
The criminal justice system is designed to protect the innocent by assuming innocent until proven guilty.
If the mags. find you guilty you can appeal which will be heard at crown court.
LMan
thank you ethel and lawman. i appreciate your speedy response. sorry forgot to say its roi.
its probably an obvious question but what do you mean by "caution" ? is this an admission of guilt ? all the garda said was that i will receive a summons, before they frogmarched me through the shop. they humiliated me which i suppose is part of the job (??).
also the district court is the lowest court in ireland - would that be equivalent of mags court ? do i need to hire a solicitor for this ?
am i right in thinking that the judge listens to stores side of events and then me, and decides if im guilty or not? who appears on the day for the stores side is it security and/or management ? would it be a good idea to bring written character references to the court?
at the moment i work part-time (im qualified accountant) for a jeweller/diamond merchant. ive worked there for over 2 years now ( previous job i was in charge of accounts dept for large business for over 11years ) it goes without saying that this is a responsible position in charge of money through the business, as well as stocks of diamonds,bullion etc. honesty and loyalty is imperative for my job, and is something that i take seriously in both my profession/personal life
sorry i hope im not rambling. im so upset about this , i cant even eat or sleep my mind is just in turmoil. i just cant believe how a genuine honest accident has escalated to this.
its probably an obvious question but what do you mean by "caution" ? is this an admission of guilt ? all the garda said was that i will receive a summons, before they frogmarched me through the shop. they humiliated me which i suppose is part of the job (??).
also the district court is the lowest court in ireland - would that be equivalent of mags court ? do i need to hire a solicitor for this ?
am i right in thinking that the judge listens to stores side of events and then me, and decides if im guilty or not? who appears on the day for the stores side is it security and/or management ? would it be a good idea to bring written character references to the court?
at the moment i work part-time (im qualified accountant) for a jeweller/diamond merchant. ive worked there for over 2 years now ( previous job i was in charge of accounts dept for large business for over 11years ) it goes without saying that this is a responsible position in charge of money through the business, as well as stocks of diamonds,bullion etc. honesty and loyalty is imperative for my job, and is something that i take seriously in both my profession/personal life
sorry i hope im not rambling. im so upset about this , i cant even eat or sleep my mind is just in turmoil. i just cant believe how a genuine honest accident has escalated to this.
A caution is in practical terms a verbal telling off from the Police. It requires you to admit that you stole the item. It is not a criminal conviction as Law Man has pointed out - you would not have a criminal record and you would not have to go to court.
If you do not accept that you have done anything wrong then you may end up in court, in which case you will need a solicitor. It is for the prosecution to prove that you were acting dishonestly. The court may accept what you say and you will be acquiited or they may believe the prosecution and convict you in which case you will then have a criminal record.
You are in a difficult position - do not admit to taking this item for the sake of convenience. If you genuinely made a mistake then you must deny the offence and take your chance in court
If you do not accept that you have done anything wrong then you may end up in court, in which case you will need a solicitor. It is for the prosecution to prove that you were acting dishonestly. The court may accept what you say and you will be acquiited or they may believe the prosecution and convict you in which case you will then have a criminal record.
You are in a difficult position - do not admit to taking this item for the sake of convenience. If you genuinely made a mistake then you must deny the offence and take your chance in court
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