Walmart "Wine and Dine"

Josseleen Lopez was arrested at a Florida Walmart after driving a motorized shopping cart around the store while drinking wine, eating sushi, a rotisserie chicken, and some cinnamon rolls.

Deputies arrived at the store after a call from an employee who told them about the shoplifter. The employee saw Lopez acting weird, and noticed a half empty bottle of wine inside the cart. Lopez was held for consuming over $30 worth of food and wine. Allegedly she told the officers that she was homeless. Aside from the food and wine she consumed, the deputies also found two empty syringes in her purse and in her backpack. She told the detectives that she used the syringes to inject crystal meth.

Lopez was arrested for shoplifting and on drug paraphernalia charges.

Comments from Allen:  Seems that Josseleen Lopez has re-defined "Meals on Wheels."  Some accounts of this story indicate she had injected herself with methamphetamine shortly before touring the WalMart grocery and deli departments.

The odd thing about this story is that the defendant was gorging herself on food.  Most meth cases I have dealt with involve people so wrapped up in another activity they neglect to eat anything for long stretches of time, even days at a time.  I can only assume this person had already gone a long time without food, and decided to rectify that with one visit to the store.

Every WalMart store has a security department with cameras everywhere.  Anyone attempting to steal anything is making a bad gamble.

Aside from the drug aspect of this case, the police could have charged Josseleen with either a misdemeanor, petit theft (shoplifting), or felony burglary.  Very often a shoplifter will take merchandise from the shelf and get caught on the way to the parking lot.  When questioned by WalMart security, if they reveal they entered the store with the intent to steal anything, they are charged with felony burglary.  Despite the right to remain silent, people freely talk to police and security when apprehended on charges like this, and their misdemeanor shoplifting charges are amended to felony burglary charges based solely upon what they tell police or security personnel.

In Idaho, possession of paraphernalia associated with any controlled substance is a misdemeanor, even if possession of the controlled substance itself is a felony.  However, if the paraphernalia contains residue of a controlled substance, the defendant will be charged with possession of that controlled substance as well as with misdemeanor possession of paraphernalia.  In other words, a trace amount of a felony-category substance found on the paraphernalia will change a misdemeanor case into a felony case.

This woman is said to have injected herself with methamphetamine immediately before entering WalMart.  Such defendants are not charged with possession of a felony-category drug when they "possess" it in their digestive system.  However, if the substance is swallowed in a way that it is preserved for later use or sale (such as the case of a "mule" swallowing condoms filled with cocaine or meth), the one swallowing the drug would be charged with possession of the drug.

***********************************************************************************************************************

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

 http://www.cbsnews.com/news/police-homeless-woman-wined-and-dined-herself-at-florida-walmart/

Comments

Post a Comment

Popular posts from this blog

7 Things Lawyers Can't Tell Jurors

Image
 It is a trial lawyer's job to educate jurors, and tell them what they need to know in order to decide cases. Despite this, there are many things, true things, that lawyers are not allowed to tell jurors directly in statements to the jury or indirectly through testimony of their witnesses. Lawyers know these things, though, and I thought you might like to know some of things. #1. A lawyer can't tell the jurors anything that happened during settlement negotiations. He cannot let the jurors know, when asking them to make the defendant pay his client $100,000 that the defendant agreed to pay him $80,000 prior to the trial. The reason for this is that you want settlement negotiations to be very open. You don't want to damage a negotiation session because someone is afraid that what they say will get repeated to a jury if you don't strike a deal. #2 In Idaho, a lawyer can't tell the jurors that the defendant has insurance. In many other states, he can. Bec
Read more

Man Framed by Prosecutor Released After 29 Years in Prison Seeking Lawsuit

Image
19 year old, Charise Kamps, was found raped and strangled to death in her apartment in June 1980. Ralph Armstrong told the police that both of them were at the apartment alone doing cocaine before leaving to go see friends around 9:30 pm. Police said that they learned that Armstrong owed Kamp's boyfriend $400 and witnesses saw Armstrong handing Kamps money that night. However, the money was not found in the apartment, and Armstrong deposited $315 in his bank the next day.The defense argued that he got the money from his brother. One of the neighbors saw a lean, muscular man about 5 feet 5 inches tall with long, dark hair drive up to the apartment. Before the identification process, the police had the witness hypnotized. He was shown a photograph of Armstrong, and After being hypnotized, the witness changed the height of the man he saw. Later at a lineup to have the witness select the man he saw, he chose Armstrong. The other people in the lineup were police officers in wigs
Read more

Tuesday Tip: Reid Interrogation Technique

Image
Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes guilty suspects can be identified from certain behavioral cues. It is said to be proven as highly effective at getting confessions; however, there has been criticism about it for many years because it has been linked to many wrongful convictions.  Around 25 percent of post conviction DNA exonerations have been associated with a false confession from authorities using the Reid Technique. Even one of the first cases in which John Reid used this technique turned out to be a false confession. More and more scientists and scholars are saying this approach is based on outdated psychology. There are several components incorporated in this technique, including room design and how the investigator conducts the interview. There are three spatial zones the investigators use, which can be seen in
Read more