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Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera

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  • 11-16-2010, 07:47 PM
    flashgordon
    Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    My question involves criminal law for the state of: IL.
    Few days ago I was in a store of an electronic devices chain, and testing some devices at one of the exhibition desks I noticed that one of them was detached from its security wire. Having realized that that area of the shop wasn't covered with ceiling cameras, I had the stupid idea to take the item from the desk. But walking to the exit I immediately thought that it was a bad idea, and really scared I left the device on a random shelf. Then I regulary paid (with my credit card!) all the other stuff I took. Nobody stopped me or followed me in and outside the store.
    Now I'm getting concerned. My questions are:
    - How often do stores watch past days camera records looking for facts like that?
    - What happens if someone took the device from the shelf where i left it, and unfortunately some camera catched me taking the item from the desk but not leaving it on the shelf?
    - Can I be pursued for having taken something even if they cannot demonstrate that actually I left the store bringing it with me?
    - Eventually, how likely will I get in trouble for that? And in this case, when should I expect to be notified about that?

    Please, give me an answer as soon as possibile. I'm really scared and concerned.

    Thank you in advance
  • 11-17-2010, 05:41 AM
    free9man
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Quote:

    Quoting flashgordon
    View Post
    Now I'm getting concerned. My questions are:
    - How often do stores watch past days camera records looking for facts like that?

    When they notice an item missing from its security fixture, they WILL review the cameras to determine what happened.

    Quote:

    Quoting flashgordon
    View Post
    - What happens if someone took the device from the shelf where i left it, and unfortunately some camera catched me taking the item from the desk but not leaving it on the shelf?

    Depending on the store's policies, they may go ahead and report it to the police indicating you did it. If you're lucky, there was a covert camera somewhere they saw you dump it. Depending on the time elapsed between you dumping it and the other person taking it, combined with how likely it is based on appearances that you might know each other, then they may report the other person for the theft and you as an accomplice.

    Quote:

    Quoting flashgordon
    View Post
    - Can I be pursued for having taken something even if they cannot demonstrate that actually I left the store bringing it with me?

    Normally no, if they can find the merchandise unless you concealed it while moving about the store. I'm not familiar with IL's shoplifting laws but in some states, simply concealing the merchandise is sufficient to support a shoplifting charge.

    Quote:

    Quoting flashgordon
    View Post
    - Eventually, how likely will I get in trouble for that? And in this case, when should I expect to be notified about that?

    If they find the merchandise, it's possible next time you're in the store a couple of things could happen. You could be watched VERY closely by employees, especially LP. They may also approach you and inform you that you are not longer welcome to shop in their store.
  • 11-17-2010, 05:59 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Thank you for your reply.

    Do you think that there is something I can do to prevent a legal action? Should I go back to the store and talk to the security department, or just wait for a notification?

    I'm so worried now.

    Thanks again.
  • 11-17-2010, 06:04 AM
    flyingron
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    I would suggest you keep your mouth shut and stay out of that store for a while. Chances are if they recovered the item from wherever it is in the store (and believe me part of the job at retail places is restoring merchandise that people take from one part of the store and leave it elsewhere when they decide they don't want it....particularly annoying when it's perishable) they probably won't think much about it.

    And don't even think about pulling that kind of stuff again!
  • 11-17-2010, 06:09 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    My concern if is someone else or maybe an employee of the shop took advantage of my stupid action. Is there no way to know if they are going ahead with a legal action against me? I would be ready also to pay for the item, even if I actually don't have it.
  • 11-17-2010, 07:38 AM
    cyjeff
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    In most states including IL, not only was the concealment a crime but also the movement of a product to enhance theft.

    In other words, if you movement of the product made it easier for someone else to steal it, you are STILL on the hook.
  • 11-17-2010, 08:33 AM
    flyingron
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    You'll know if you get a letter from their lawyer or a call from the police.
    The longer it goes on, the less likely it's going to happen.
    Contacting them and saying "I'm guilty" is likely to provoke them into action they may not take otherwise.
    If they have a clue that you might of done this and you return to the store, they may take action that they might have not done otherwise.

    Keep your mouth shut. Stay out of that store. If contacted by their attorney you'll have to decide if peace of mind is worth settling with them.
    If contacted by the police, say nothing (decline to even come down to "talk") and contact an attorney.
    \
  • 11-17-2010, 08:48 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Thank you, your advices are really precious. Let me ask the last question. In your experience, do stores more likely try to contact me and ask to settle or are they used to go straight to the police? If the police is involved, can I still find a "peaceful" solution or will I have to go necessarily to the court?

    Thanks
  • 11-17-2010, 08:53 AM
    free9man
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    They have the option of doing either or both. One is civil, one is criminal. Until you are charged with a crime, you will not have to worry about going to court. Once they report it to the police it is out of the stores hands, regardless of whether you are or are not prosecuted.
  • 11-17-2010, 08:59 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    I understand, but in your experience which one is the most probable option? What do you mean with the last sentence? Even if they report me, could the police decide to not presecute me?
  • 11-17-2010, 09:37 AM
    free9man
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    It is hard to tell. Unless the merchandise disappeared, there is nothing to worry about. Even then, there is nothing to worry about until you get a civil demand letter or the police come a'knockin'. Different companies, and different bosses within same, have different approaches to these types of cases.

    By my last sentence I meant that prosecution may not occur. It is not the police who prosecute you, it is the district attorney or similar person in your jurisdiction. The police look at whether there is sufficient evidence to arrest. Once you are arrested, the prosecutor looks at the evidence and decides whether there is enough to win. Either of those 2 agencies could decide that the case is a non-starter. The store can push back to try and make something happen but there is no guarantee.
  • 11-17-2010, 09:51 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    That's the problem, I really don't know what happenend with the merchandise. Even if I'm literally freaking out, I think that I can't do anything more than waiting, right?
    I never did something like that before, and for sure I'm not going to do it again.
  • 11-17-2010, 11:59 AM
    PandorasBox
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    The item may have been found and returned to the secured location.

    It may have been found by another shoplifter who did get away - in which video could make you an accomplice.

    None of us are psychic....we don't know - only the store does at this point....
  • 11-17-2010, 12:07 PM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    But your advice is always to stay away from the store and avoid to talk to them for getting more information about that, right?
  • 11-18-2010, 03:07 AM
    tc498
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    I would follow that advice and not worry about it,chances are very slim they will go after you. There a good chance someone put the item in the right place,even if someone else took it and got caught they will most likely be the only one prosecuted. People grab things to buy and then change their mind and are to lazy to put the item back where they belong.
  • 11-18-2010, 06:02 AM
    cyjeff
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    This assumes, as well, that the packaging of the item wasn't changed.

    In other words, if you took it out of the package and/or removed the anti theft device, the game changes.
  • 11-18-2010, 10:36 AM
    flyingron
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    I don't think this thing was "packaged" at all. It sounds like one of those cameras, cell phones, etc... things that's put out for customer examination that's tethered to the display and he found one that had lost it's connection.
  • 11-20-2010, 08:54 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Exactly, no package, disconnected from the security wire. No alarms actived. Does this make some difference?
  • 11-20-2010, 09:26 AM
    PandorasBox
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Disconnected from the security wire means SOMEONE wanted to steal it. Trust me - the stores do not disconnect something and then just leave it lying there. And to cut through the security wire would mean it was pre-meditated, aka PLANNED.

    Since you had your hands on it and admittedly "almost shoplifted", yes, you could look like the guilty party.

    And yes, they can bust you should you enter that store again and they are watching for you. Again, we stress - stay out of that store. Stay out of it's neighboring locations in that county and surrounding counties as well.
  • 11-20-2010, 09:52 AM
    flyingron
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Not necessarily, Pandora. Sometimes they just weren't too careful with attaching them or they came off because someone without criminal intent pulled too hard, etc... Can't tell you the number of times I've sen these things not connected but still resting on their perches.
  • 11-20-2010, 09:59 AM
    BOR
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Quote:

    Quoting cyjeff
    View Post
    In most states including IL, not only was the concealment a crime but also the movement of a product to enhance theft.

    In other words, if you movement of the product made it easier for someone else to steal it, you are STILL on the hook.

    Never heard of that crime, what is it called?


    flash, IF what you did is considered attempted theft, if you are charged there are doctrines in the law known as Renunciation, (compare Withdrawal).

    In other words you RENOUNCED your intention to follow through with the crime. While not a legal cure, it is an arguable defense.
  • 11-20-2010, 11:34 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    The wire was not cutted or damaged at all, it was in perfect conditions, just not attached to the device, like if the sticky part was gone bad.
    Please, I'm scared enough, don't give me worrying informations if you are not absolutely sure. I learned the lesson.

    Thanks again everybody.
  • 11-20-2010, 12:58 PM
    PandorasBox
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    flying...thanks for the correction.

    Flash...still...stay out of that store....
  • 11-21-2010, 10:52 AM
    flashgordon
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    How long it will take to them to identify and notify me, if they want to? Days, weeks, months? In other words, after how long could I fell out of troubles?

    Thank you
  • 11-21-2010, 01:57 PM
    PandorasBox
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    State laws vary. Basically, stores have 1-2 years to file criminal charges.

    Seriously....if you have not heard anything within a couple months, I'd say you're safe. But I would still stay out of that store (and any other locations nearby) for a good 6 months atleast....(L.P. personnel tend to work different stores in an area, not just one store).
  • 11-22-2010, 11:52 AM
    BOR
    Re: Almost Shoplifted but Changed My Mind - But Could Look Guilty on Camera
    Quote:

    Quoting PandorasBox
    View Post
    State laws vary. Basically, stores have 1-2 years to file criminal charges.

    The Statute of limitations is the time frame a commencement of prosecution must take place by the govt.

    If the crime is known for a year by the business and they approach the city or county attorney to file charges after a year, they may say forget it, and would have more than every legal right to do so.
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