Theft and Shoplifting

[Q10]

I feel bad for my husband as he is depressed now and embarrassed for the allegations filed against him by the store here in NJ.

Three days ago, we bought an item worth $149.99. Yesterday on the mail, we received the monthly flyer and that item will be on sale for less than $10.00. Today, he went to the store to return that item. Unfortunately he has the CoQ10 on his pocket. That CoQ10 was purchased months ago, unfortunately it was not declared when he came in the store because it was on his pocket. Now, he was able to return the item worth $149.99 (we have the receipt), and forget to return (for a store credit) the CoQ10 on his pocket. He walks out the store and all of a sudden, he was escorted back to the store and was questioned about that CoQ10 on his pocket. He was irritated being held at the backroom and even suggested to check the control number of the item and the history of our purchase in the particular store. Nothing was resolve between the store and my husband so the store called the police and after so long deliberation but to no avail. He was given 2 tickets for the following offenses respectively:

first ticket - "Returned an item with an old receipt" ------------- (how could that be, the receipt was dated Feb 5, 2009)

second ticket - "Concealed merchandise on his person and walked out" ----- (we own that CoQ10, but we don't have the receipt that time. He's supposed to return it under Store credit but forget from doing so)....

Now, he said - he tried his best to explain to the Manager to conduct inventory and/or check serial numbers of the item that we just returned and the item that was alledgely he concealed - but the store declined and here he is got arrested and is summoned to appear next week.

I am not familiar with NJ Laws, and we're concerned about our reputation and for sure this will gonna come out on the Community Newsletter. He feels bad that he was finger printed and a picture was taken - as if he was treated like a criminal. Now, I told him that we will get a lawyer and him not to plead guilty.... during the arrest, Police told him that if he pleads guilty he will just pay a fine of $500.00............. and its done, but the problem is it will be on his record right? And we discussed of getting a criminal lawyer, it will gonna cost us couple of thousands of $$$$

I dont know how to deal with this with him, he is totally devastated and insulted as he spent almost 4 hours in the store and with the police trying to clear his name. He's 50 years old, and this is the first time he got arrested and for what--------- shoplifting and theft??? What a shame!!!

Please do enlighten us. What are the pros and cons?

Thank you.

[Mr. Knowitall]

Get a lawyer. Have your lawyer help you investigate (a) whether there is any video surveillance of the store; and (b) the serial numbers for the bottle of pills and when they were ordered/shipped to the store. Note that merchandise can sit on a shelf for a long time, so serial numbers may not be any help.

Obviously, your case is better if this wasn't a brand new, sealed bottle of pills in your husband's pocket, or if he was never anywhere near the supplements when he entered, made the return, and left.

Your lawyer can also help you get a copy of the police report, and find out the exact allegations - what the store's staff say they saw.

A $150 item that's about to go on sale for less than $10? Dare I ask, what is the nature of the item? That's pretty unusual.

[cyjeff]

Never mind, I assumed this was a prescription drug.

[Q10]

Get a lawyer. Have your lawyer help you investigate (a) whether there is any video surveillance of the store; and (b) the serial numbers for the bottle of pills and when they were ordered/shipped to the store. Note that merchandise can sit on a shelf for a long time, so serial numbers may not be any help.

Obviously, your case is better if this wasn't a brand new, sealed bottle of pills in your husband's pocket, or if he was never anywhere near the supplements when he entered, made the return, and left.

Your lawyer can also help you get a copy of the police report, and find out the exact allegations - what the store's staff say they saw.

A $150 item that's about to go on sale for less than $10? Dare I ask, what is the nature of the item? That's pretty unusual.

It's a set of a lavatory faucet - it's huge, sealed in a hard plastic measures around 30" x 30".