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Trespass Charges for Allegedly Violating a Ban from Store

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  • 12-28-2010, 07:55 PM
    want.a.lion
    Trespass Charges for Allegedly Violating a Ban from Store
    My question involves criminal law for the state of: North Carolina

    This is a odd situation that has gotten me into a bit of trouble. I had someone return a gift for me that was purchased at walmart but they wouldn't accept it (item was not stolen, had receipt). I am banned from walmart because I shoplifted awhile back. I called 1800walmart and the market manager and complained about the return situation. The manager agreed to exchange the item but ID and proof of address had to be given. The person who tried to take the item back to the store looks similar to me and I gave her my ID from another state to use. The ID had been used to return items in the other state with no issue so I was not concerned.

    Today I got a call from someone at walmart, I assume he was loss prevention. He informed me that they had looked up my information by my phone number and found my previous shoplifting offense at walmart and that they were going to the magistrate to press trespassing charges. He told me that they were going to take a picture from when the item was returned and a print out of my license picture to press charges. I did NOT go into the store. Can they actually press charges when I was never there?

    I know I shouldn't have given out my ID but that is the only thing I did wrong. What can I do in this situation? And also, if the magistrate does take out charges will I be served a subpoena/citation or arrested? Thanks for your help.
  • 12-29-2010, 06:57 AM
    flyingron
    Re: North Carolina Trespass at Walmart
    They can file a complaint. If the state wishes to prosecute, they'll have to show proof and you can certainly mount a defense.
  • 12-29-2010, 07:15 AM
    Mr. Knowitall
    Re: North Carolina Trespass at Walmart
    Surely your "almost a twin" friend will be willing to testify on your behalf....
  • 12-29-2010, 11:32 AM
    want.a.lion
    Re: North Carolina Trespass at Walmart
    Quote:

    Quoting Mr. Knowitall
    View Post
    Surely your "almost a twin" friend will be willing to testify on your behalf....

    She would but wouldn't that cause trouble for her for using my id? You may not believe my account of events but they are true. People have mistaken she and I for the same person on many accounts. We look similar in the face but wear a different style of glasses, I'm taller and a little heavier than her, and have different eye color. But I don't know how detailed the camera image is so I don't know if I could prove that I wasn't in the store.

    I know one of the magistrates in the office the charges would have to go through. I talked with him last night and he said that the guy should not have called me in the first place. I was told that if he contacts me again to tell him not to call me anymore and if he does I can charge him with harassing phone calls. He told me not to worry too much about the situation, just wait and see what happens and get a lawyer if I have to.

    But when the guy called I denied knowing anything about the ban or having anything to do with it. They have not verified the out of state ID with the person they banned. They are going by the paper they wrote my license information on and a partial old address that she gave (the one on the trespass agreement but it was not correct). She signed this paper, which will not match my signature on my license or in person. So I question whether or not a magistrate would take out a warrant based solely on circumstancial "evidence".
  • 12-29-2010, 01:41 PM
    Mr. Knowitall
    Re: North Carolina Trespass at Walmart
    Your story is not outside of the realm of possibility but let's just say you're far from the first person who claimed that the crime they were accused of committing was in fact committed by a doppleganger who simply couldn't be produced. "Take my word for it." My favorites involve twin siblings for whom not even a birth certificate can be produced.

    You make your choices. Now you get to wait and see what happens.
  • 12-29-2010, 02:10 PM
    want.a.lion
    Re: North Carolina Trespass at Walmart
    I understand what you're saying. And from an outside point of view it seems unbelievable. But I could prove she does exist and could pass as me. I just don't want to get her in trouble for using my id. That's why I was asking if she were to say she were the one in the security picture could she in turn be charged for giving my id.
  • 12-29-2010, 02:35 PM
    Mr. Knowitall
    Re: North Carolina Trespass at Walmart
    I'm not going to promise what will happen if your doppleganger materializes and claims that she falsely represented herself as you. I don't know the full facts of what happened at the store. Frankly, everything about your story is fishy, right down to why you thought it necessary to send a look-alike to pretend to you with your ID - you were afraid you would get arrested, but a look-alike pretending to be you would be fine?
  • 12-29-2010, 03:32 PM
    want.a.lion
    Re: North Carolina Trespass at Walmart
    I already said why I couldn't go into the store. The id was from another state and not on file with Walmart. The manager said that they had to see MY id to process the exchange because I'm the one who filed the complaint on the phone. So that is why she gave my id at the service desk. The item that was to be exchanged was broken when I got it on christmas and they wouldn't do the exchange because of that. That is why the complaint was filed with Walmart. It was within the return policy with receipt. I thought she could have showed her id if they found out I was banned. It was a stupid thing to do and I know that.
  • 12-30-2010, 04:41 AM
    davidmcbeth3
    Re: Trespass Charges for Allegedly Violating a Ban from Store
    Quote:

    Quoting want.a.lion
    View Post
    My question involves criminal law for the state of: North Carolina

    This is a odd situation that has gotten me into a bit of trouble. I had someone return a gift for me that was purchased at walmart but they wouldn't accept it (item was not stolen, had receipt). I am banned from walmart because I shoplifted awhile back. I called 1800walmart and the market manager and complained about the return situation. The manager agreed to exchange the item but ID and proof of address had to be given. The person who tried to take the item back to the store looks similar to me and I gave her my ID from another state to use. The ID had been used to return items in the other state with no issue so I was not concerned.

    Today I got a call from someone at walmart, I assume he was loss prevention. He informed me that they had looked up my information by my phone number and found my previous shoplifting offense at walmart and that they were going to the magistrate to press trespassing charges. He told me that they were going to take a picture from when the item was returned and a print out of my license picture to press charges. I did NOT go into the store. Can they actually press charges when I was never there?

    I know I shouldn't have given out my ID but that is the only thing I did wrong. What can I do in this situation? And also, if the magistrate does take out charges will I be served a subpoena/citation or arrested? Thanks for your help.

    One could say that Walmart just told the OP that he could go into the store for a return .... but of course the OP did not do this (or so he says). Hope you got this autorization in writing or taped legally....otherwise you have major issues.
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