P.A retail theft laws

[Resident Anger]

I dont understand pennsylvania retail theft laws ?? It says that a 3rd offense is a 3rd degree felony..But my brother whos severly addicted to heroin keeps getting summary offenses as if its his 1st offense...Can the different counties or district attorneys in p.a not see hes been convicted of retail theft before ?? He has two in chester county and 3 in delaware hes been convicted of..And about 6 more active cases pending..And in each case hes stolen between 3 to 400 dollars worth of similac,i dont know wether thats a factor..Ive personally washed my hands of him but each case my mom keeps hoping theyll send him to jail so he can get clean or just sober enough to think straight or just be able to hold down a coherent conversation..If anyone on here knows whats going on here i would appreciate it..

[Citicop]

Can't say specifically about PA, but here (MO) we have a similar law. When we have a call for a stealing, the responding officers have the discretion to charge the crime in either State court (for a violation of State Statute) or our Municipal court (for an ordinance violation).

Many officers opt to charge the ordinance violation rather than the state charge because, frankly, it is much less work to do so.

I also see this frequently with DWI's. Someone has six or seven DWI convictions, all classified as "first offenses" with the tiny penalties that go along with it, because the officers didn't bother taking the case to state court. The drunks are always rudely surprised when I finally get them; they go from a slap on the wrist (fine, loss of license, etc.), to a mandatory 2 years in prison because they skipped all the middle steps and six convictions is still six convictions even if they were all "first offenses."

Citicop.

[phantasm]

In NYS criminal possession of a weapon with a prior crime conviction is a felony. Its rarely charged as such.

[mcsap]

Retail Theft can be done one of two ways....

In every case ( unless the value of the item exceeds a certain amount) , I can file the summary cite. District Court will then do a criminal history and let me know that this is a 2nd offense ( MIsdemeanor) or a 3rd offense ( Felony). I then withdraw the summary cite and refile the higher charge.

More and more, we get our own criminal history first , and than file the appropriate charge.

Also, if a person gets arrested for a first offense in Harrisburg, and a month later gets arrested for another Summary offense in Philly...there would not have been enough time for a criminal history to have been generated and the person would keep racking up 1st offenses. Philly PD simply would have no way of knowing of the recent harrisburg arrest. ( at least not in that short of a time period)

Same goes for a multiple DUI offender in a short period of time. If a guy gets 3 in a month, they would all be charged as 3 first offenses as they havn't had time to get through the system.

[Resident Anger]

Retail Theft can be done one of two ways....

In every case ( unless the value of the item exceeds a certain amount) , I can file the summary cite. District Court will then do a criminal history and let me know that this is a 2nd offense ( MIsdemeanor) or a 3rd offense ( Felony). I then withdraw the summary cite and refile the higher charge.

More and more, we get our own criminal history first , and than file the appropriate charge.

Also, if a person gets arrested for a first offense in Harrisburg, and a month later gets arrested for another Summary offense in Philly...there would not have been enough time for a criminal history to have been generated and the person would keep racking up 1st offenses. Philly PD simply would have no way of knowing of the recent harrisburg arrest. ( at least not in that short of a time period)

Same goes for a multiple DUI offender in a short period of time. If a guy gets 3 in a month, they would all be charged as 3 first offenses as they havn't had time to get through the system.

Wow,Ive heard of the system being frustratin but i had no idea..I mean being rewarded for being arrested..What really makes me mad is we have to pay for his behavior everytime we shop..The system just does not work..What i really want to know is were is his probation officer..??..

[mcsap]

If I KNOW a person is on probation , I'll advise them. But people dont always tell me that they are on probation. Once again , it can take a while for them to find out.

[Resident Anger]

If I KNOW a person is on probation , I'll advise them. But people dont always tell me that they are on probation. Once again , it can take a while for them to find out.

I wish there was a better way than counting on drug addicts telling the truth..And there tons of cracks, hes supposed to have a detainer on him but he just keeps sinking through the cracks..The thing that pisses me off besides what hes doing to my mom is he thinks he has a real deal going on here ..He makes more than me fencing all these goods (similac and tylenol)and when the cops come they just write him a ticket thinking hes just a 1st time minor little shoplifter..I did see today the citation issued in the mail says his latest retail is a F3..But im sure the judge will just give him more probation,which is a joke..Hes on probation i dont know where his p.o is..Am i allowed to call his p.o and tell him or her or ask why he hasnt been arrested or tell them to piss test him..Heroin is a violation of drug probation normally ,correct ?? Am i allowed to inquirer or is that a no no due to privacy or something ???

[mcsap]

I wish there was a better way than counting on drug addicts telling the truth..And there tons of cracks, hes supposed to have a detainer on him but he just keeps sinking through the cracks..The thing that pisses me off besides what hes doing to my mom is he thinks he has a real deal going on here ..He makes more than me fencing all these goods (similac and tylenol)and when the cops come they just write him a ticket thinking hes just a 1st time minor little shoplifter..I did see today the citation issued in the mail says his latest retail is a F3..But im sure the judge will just give him more probation,which is a joke..Hes on probation i dont know where his p.o is..Am i allowed to call his p.o and tell him or her or ask why he hasnt been arrested or tell them to piss test him..Heroin is a violation of drug probation normally ,correct ?? Am i allowed to inquirer or is that a no no due to privacy or something ???

You can absolutely call his PO. And his PO can go into his residence and search it ANYTIME they want , I need a warant.

[Resident Anger]

You can absolutely call his PO. And his PO can go into his residence and search it ANYTIME they want , I need a warant.

OMG !! Oh,Thank you so much...!!You dont know how happy you just made me..I thought that was a definite NO..I just called my ma telling i just verifed you can call his p.o with a verified l.e.o..Shes crying tears of joy...I know this is a small thing to you cops..But it is just tearing my family apart,and i know absolutely nothing about the law or hard drugs..I know my brothers the scum of the earth,but my mom is the complete opposite and she just told me that shes thinks she just might be able to sleep tonight knowing that just maybe he wont o.d tommorow..I salute you sir from the philly burbs..Helping an anonymous person is someone who has some serious integrity,im sure your a great cop..