Q: My 16 year old daughter was charged with a misdemeanor for stealing a ring that was on sale for $18. The retail was $40.
Are they allowed to do this when the profit made would have only been $18??
A: As per restitution, the store can seek the market value of the ring. Perhaps at a restitution hearing it can be argued that the market value is $18 if that is what the price tag was. However, even $40 sounds like a particularly inexpensive ring. Additionally, the shopkeeper can seek a civil penalty (in addition to restitution) under Arizona shopkeeping laws. Furthermore, it sounds like charges have already been filed, which means the Court can impose a fine in addition to restitution. The one good thing is it sounds like this might be in juvenile court which is typically a bit more favorable for defendants.
Consult an attorney.
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