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  1. #1

    Default Stealing a Store Tester

    I live in PA. I took one of the departments stores perfume tester that says not for retail. I sprayed it on me and kept it in my arm while walking out.I know I was wrong, but when I did it I just looked at as a bad moral judgement, not criminal. This seems to be a decision that is ruining my life. I've never been in trouble before. Good student, finishing up college. The peace officers at the store were over zealous, said I look like a thief that does this all the time, were rude to me(not that I expected them to be nice and offer me tea and crumpets), They ran after me and gripped me up like this was an episode of cops. They also got mad because I explained I felt like they were going really far over a store tester. They asked if I ever been convicted of retail theft. I said no and they said they will be getting this put on my record. They filed a private criminal complaint against me. They marked on the complaint that I took a new bottle of perfumed valued at full retail price of $68 on the complaint. Is this ok? Shouldn't they have to tell what I really took? How will this effect me getting a job? I talked to a police officer about how retail theft works, he told me that stores usually does civil demands and not criminal depending on the incident. My question is how do they choose who to do criminal or civil or both?

    Thanks to anyone who can give me some input

  2. #2
    Join Date
    Oct 2006
    Location
    GA
    Posts
    37

    Default Re: Stealing a Store Tester

    Many stores will seek criminal and civil charges, some will do only civil, and some use discretion on what to do. The name of the store might be helpful.

    Yes a criminal record will effect you getting a job particuraly a job in which you are trusted to handle cash or product. Also be aware you may have been put in to a system that other retailors can view as a result of the incident reguardless of whether or not you face criminal charges.

  3. #3

    Default Re: Stealing a Store Tester

    What about them not telling the truth on the documents to the court about the item that I took? The didn't mention a store tester at all. They made it like It was a new bottle of perfume. Thanks for responding.

  4. #4
    panther10758 Guest

    Default Re: Stealing a Store Tester

    A "tester" has no retail value! It has been opened and cannot be sold! Since its retail value is zero how can store be damaged? Many retailers forbid LP from making tester stops.

  5. #5

    Default Re: Stealing a Store Tester

    I thought the same thing as far as no value, thats why when he filed it he put it one there like it was a regular new bottle. I wonder if I can contact the stores(boscov's) head lost prevention.

  6. #6
    panther10758 Guest

    Default Re: Stealing a Store Tester

    You might want to speak with an Attorney. You could speak with LPM but he may not be helpful. If charges were already filed it could be too late.

  7. #7
    Join Date
    Jan 2006
    Posts
    27,810

    Default Re: Stealing a Store Tester

    and the tester cost the store nothing? or nothing to replace if stolen?


    that is the only way it would have no value is if the manufacturer distributed them for free anytime the retailer requested one.

  8. #8
    panther10758 Guest

    Default Re: Stealing a Store Tester

    Many stores give it zero value as it cannot be sold. yes it cost store something but once they willingly opened it they (the retailer) chose to give it a zero value. Its value rest in how many other perfumes can be sold after tester is used. As I said most retailers i am aware of donot request Lp to make "tester stops" I will admit it does have value as it didnt cost nothing. I still say OP talk with an Attorney and discuss this. It also appears as report may have been intentionally misdocumented. Without seeign report of course I cannot say but Op seems to believe the tester was listed as a new bottle.

  9. #9

    Default Re: Stealing a Store Tester

    They give the stores testers for free, the testers have stickers with the company's name on it stating this is not to be sold. Letting them know they cant get money for their free tester. I don't know, what I do is that the value was definitley depreciated after it was opened and used.

  10. #10
    Join Date
    Jan 2006
    Posts
    27,810

    Default Re: Stealing a Store Tester

    Quote Quoting ONEBADCHOICE
    View Post
    They give the stores testers for free, the testers have stickers with the company's name on it stating this is not to be sold. Letting them know they cant get money for their free tester. I don't know, what I do is that the value was definitley depreciated after it was opened and used.
    you go right ahead and tell the judge that. He will appreciate that info (NOT).

    good luck with our case. With your attitude, you're gonna need it.

    and because a restaurant has a bottle of ketchup on the table that says "not for retail sale" that means it didn;t cost the restaraunt anything? No, of course not. It simply means the wholesaler or manufacturer has put limitations of that item when the retailer purchased it.

    the bottom line; you stole something that was't yours. Unless the value as stated changes the level of crime (such as a different level of misdemeanor) or idf it raises the amount that you can be required to pay due a civil demand, then it truly is irrelevent.

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