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meh, im assuming the guy had a past...and was just picked up for something silly. Don't you get three felonies? Maybe he had been screwing up enough to warrant (finally) a felony. Police wanted to give him his first strike...maybe in the hopes of preventing the 2nd and 3rd. In any case, even if this is somehow overturned, the police are doing what they're supposed to. It was probably due to his public intoxication. I mean, what does he expect if he's going to go out in public (to nice areas) drunk/high/stoned/all three? Management aren't going to let him disturb their customers..
I'm more concerned about the guy knowing he's on thin ice and choosing to get busted by stealing soda. You get away with it? You get soda. You don't? You get a felony. Yes, go for it...
The only one doing anything questionable is the guy who was taken in. The police department did their job...and the prosecutors were doing theirs.
Perhaps it will be overturned. That's for a judge to decide.
I'd argue not based on an ideal of fluidity of the law. A certain amount of misdemeanors equal a felony, even if that last misdemeanor was comparatively petty. You look at his "body of work" as a whole.
[maybe have him clean a really, really, REALLY dirty restroom for 10 minutes]
Shoot - anyone can do a good job on a restroom in 10 minutes given the right cleaning materials. Having him clean the restroom is a form of compensation - not a penalty. It is how diner owners used to settle debts with people who couldn't pay the check - they would wash dishes for the rest of the evening - and all was good. Now - businesses probally won't do that because of labor laws, workers comp insurance, and general liability concerns - too bad.
LOL - read this one - Steve Rocco stole a bottle of ketchup that was practically empty (he claimed he was recycling the container) which was valued at approximately $1.20. He insisted on a jury trial - I believe Orange County spent several tens of thousands of dollars prosecuting the guy - he had to pay the county close to $40,000 in legal fees. Ex-trustee Rocco found guilty in ketchup theft | orange, rocco, instead - News - The Orange County Register#
News, Felony for Allegedly Stealing $1 Cup of Soda From McDonald's
Quote:
Originally Posted by John1960
A Florida man was arrested and held on $6,500 bond after police in Collier County said he left a McDonald's without paying for a cup of soda valued at $1.
Mark Abaire, 52, had apparently asked staff at the Naples restaurant for a courtesy cup of water, but instead he allegedly filled the cup with soda from the soda fountain and sat outside of the restaurant, according to a story in the Naples Daily News which cited the police report of the Thursday incident.
If you're a multiple offender with a long list of convictions, straighten up. Or go to directly to jail w/o passing Go.
Abaire is a slow learner. Slow learners have to do things the hard way, it seems.
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News, Felony for Allegedly Stealing $1 Cup of Soda From McDonald's
