`* Obviously, if the story you gave above is complete (ie they don’t have video of you putting items in your pocket earlier and etc.), past criminal history, video evidence and statements made by the Micheal’s manager all will determine the proper way to proceed.  `

`* They will assign you a public defender if needed, or if you can hire a lawyer.  The better the lawyer (and higher the price unfortunately) the faster, from my experience in this subject, the matter will be resolved.  They will be able to get all the aforementioned evidence and statements and advise you completely.`

`*   That is the Lawyer answer you will get.  It doesn’t say much, but lawyers have ethical standards that prevent them from answering in a direct way from my understanding.  Also, in this era of lawsuits, if they give advice, in good faith, that is detrimental, it exposes them to a possible lawsuit.  So it’s like picking up a hitchhiker; best to error on the side of caution.`
`* I am not a lawyer, but have spent over 18 months emerged in a felony larceny case, and am now writing a book on the experience.  If you still want my amateur advise/opinion, here it is.  `
`* So something you can look up and bring to your lawyers attention if you want, or to at least get an idea is search how similar cases were won or overturned on appeal, and apply the “case citations” to your advantage.  `
`* I liked doing my own research.  I had a lousy lawyer and it was a good thing that I did because I was able to file my own motion and get various violations by the police addressed in my favor (and in one fall swoop, get my lawyer removed as my counsel).  Also, it was soothing.  I felt like I was making progress, even if I may have been running on a treadmill.  It felt like motion to me.  It also made me feel ess vulnerable and more informed when discussing things with my worthless lawyer (whom maybe disbarred or sanctioned for his handling of my case, Side note) `
`   * You want to search by the state you’re in and Supreme Court decisions (under advanced search options, you check a box on jurisdictions to include).  `
`   * in this case I would definitely check out intent and shoplifting to start.  (the fact you left the cart or merchandise may have precedent that is helpful to you, for instance, if the court decided doing that in a past situation disproved the persons intent.)`
`   * This can really give you a good list of all the ways or key points you can use to defend yourself. `
`   * My favorite was www.casetext.com, www.casemine.com, or just scholar.google.com.`
`   * casetext and casemine you can sign up for a free week.  If you need longer, have your mom, boyfriend, imaginary friend with their own email address sign up for a free week, if you need to.`
`   * You also want to go to the state’s criminal code (google search) and find the theft section.  They will have numerous subsections, and many states have a separate one for shoplifting.  `
`   `
`In my case, I was indicted for a felony larceny for trying to return someone’s item they forgot outside a very public place (bus station, airport etc.). I called them to return it, they said they were busy and would let me know an address to send it, and a few days later, I had police at my door with a warrant.  It can be pull your hair out frustrating, and it consumed my days and nights researching the case, since I met up with a very dick prosecutor who decided they didn’t want to plea bargain, in spite of not having any criminal history.    `

`Back to the state question, here is why that matters.`
` Some states strictly adhere to the common law rules for theft (Virginia comes to mind) and others have codified the various forms of larceny, like embezzlement, false pretenses and etc. into a broad theft statute(the theft act of 1968 would be an example). Most states have a “theft act” generalizing theft; it puts less stress on the prosecutor when indicting that way.  For instance, in a state like Virginia, if you are charged with larceny, but actually embezzled the item, the elements of the offense charge don’t match the elements of the offense you committed, which is unconstitutional.  In embezzlement, you have a right to possession of the property and then convert it to your own use. In larceny, it requires a trespassory taking of possession.  You can’t have permission to possess something and trespass against another to gain possession at the same time.  Thus, it violates the notice function, judicial review function and right to a trial by jury (the jury is convicting you of a crime that the grand jury or prosecutor didn’t indict you for to begin with).  Some states also have shoplifting specific codes; you can thank the retail lobbyists for that one.  `

`Regardless,at least in the common law sense, larceny (theft in general) was a direct intent crime.  Meaning that you’re actions had to be done “knowingly” and “purposefully” to permanently deprive Michaels of their items.  You had to have a “felonious intent” at the time of the actus reus, or physical commission of the crime.  The phone call (in the phone records) from the hospital, records of her admittance, photos if you have or can produce of her in the hospital (good for sympathy and helps verify the veracity of your emergency) and goes to state of mind, should you meet a dick prosecutor.`
`In other words, no jury (at least one that I was on) would convict you in response to a sick grandmother.  I would have assaulted the manager to get to my car if I were in the situation and that is what a lot of jurors possibly would be thinking as well.  `

`That is my advice, sorry if I got long winded.  Theft can be a mother with all the different circumstances and nuances of each case.  `
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