A rise in the number of shoplifting cases and frustration on the part of business owners and managers culminated in a meeting with Haleyville City Judge Jonathan Lowe to learn what to expect from the city judicial system. City Prosecutor Mark Hammitte, HPD Chief Kyle Reogas and Magistrates Sue Southern and Michelle Foster also addressed the group who came to city hall to learn the procedures when there was a case of thief at their business.

One of the concerns of the merchants was why doesn't the shoplifter go to jail immediately after being arrested. As it was explained, a theft of property with a value of less than $500 is normally handled in city court with a charge against an individual of theft of property 3rd degree. This is a misdemeanor and under normal circumstances, the person is given a court date and allowed to go after posting a bond, not unlike a speeding ticket. Cases of theft of property with a value over $500 are considered felonies and automatically go to District or Circuit Court.

Under the Code of Alabama, "A peace officer, a merchant or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time." The Code further states the person or persons cannot be held civilly liable for false arrest, false imprisonment or unlawful detention for doing so.

A case of theft can be brought even though the alleged shoplifter has not left the store. Simply concealing an item can be grounds for arrest and prosecution.
In order for an arrest to be made, a complaint has be be signed by the merchant before one of the two city magistrates Southern and Foster.

For more information, contact the Haleyville Police Department or City Magistrates Sue Southern or Michelle Foster at the Haleyville City Hall.