Accusation of Shoplifting from Target

My question involves criminal law for the state of: Colorado

I would like to thanks who will answer and help me, first. I have been reading all threads relevant my situation for 5-6 hours and decided to write my story as well if I could get any advice.

I was at Target earlier today and grab 2 bags and start shopping and I put little items into that bags rest of were as is and I was thirsty and went to the water fountain and then I remembered to make important call and while I was on the phone forgot to pay merchandise and they stopped me just first step of the door grabbing my arm and detained me (even I was cooperative) and called cop and gave me summons of theft with court date.

Even the cop did not listen me that I did not want to sign that summon and told me either sign or arrest!

This is the first time ever had happened to me! And I do not know what to do!

Need any advice or help...

So... you grabbed two of the plastic bags, filled them with merchandise and then attempted to leave the store.

Right?

What part of this do I have incorrect?

nope everything was in shopping cart and it went out of my mind that I had paid or not because I was on the phone and when they grabbed my arm I told them sorry and either I can pay or leave! but they did not listen and call the cop! The bags just for the small pieces but the others were could be seen in the shopping cart! Nothing was concealed or hide!

They're under no obligation to listen. You had their merchandise which you had not paid for and were attempting to leave the store. Your excuse means nothing as far as the cause for your arrest and little as far as determining guilt. You'll need a lawyer.

This is what a lawyer will ask you:

WHY did you grab two bags when you entered the store? Why did you put items in these bags before paying for them?

You're going to need good answers to this.

And the "I got distracted by my phone call" - that story has been used a lot lately....

Your story sounds like a grab bag of shoplifter excuses. It's almost as if you are trying things out to see if anything might work. There is nothing Target carries that will not fit in the basket/cart without falling through the cracks, well unless you open a bag of smaller items. The cops/DAs/judges have heard all those stories before.

Signing the summons was not an admission of guilt, it was simply a promise to appear in court. If you don't sign, the officer has no choice but to take you into custody to assure your appearance.

Oh, the items in the bags were in fact concealed and hidden from view.

From your grammar, I'm guessing you are not a native English speaker so I would highly recommend an attorney.

thanks again sharing your thoughts with me and I agree that they do not listen or believe me but that is what happened. In this case should I wait till court date and see what will happen and step forward and this is the first time, and what is possible charge? I did not mean to do that I swear but on their side looks like it s shoplifting and very first time when he stopped me I told them sorry and I was cooperative. The other weird thing to me is why they did not stop me and ask me to pay?

That grabbing bags was happened in the past also. I grabbed the bags because I do not want all items mess and I asked couple times if it is ok and after permission I did my shopping but this time I directly went and grabbed 2 bags because I after my experience previously thought that would be ok(that was a mistake).

The other thing 'yes' at least 2, 3 times I got items and left the store and when I got the car I remembered that I did not pay and got back to store! Sounds stupid but yes that happened! One time we were talking with my brother and we just walked outside and then we noticed that we did not pay and looked at each other faces and laughed and got back and paid!

My understanding after all that is the way you can shoplifting but I did not intend honestly.

Rules about shopping:

The stores have CARTS. Use them.

Do not touch a bag until you are at U-Scan or cash register.

If you have reusable bags, do not put anything in them until you have scanned and paid for every item.

If the item is small, immediately go to a cash register and purchase it.

They don't believe your story because it is used often.

I was using their shopping CART already. After reading all those threads I got agree that they will not believe me:((( But even with return items bag or from other store bag I asked them couple times if it is Ok to walk in and I got YES so that gives you think you do not have to ask and just walk in and I did so many times nothing happened. Ain't that weird they tolerate all those and then one time they use those reasons against you?! That is the point what I do not understand?! And again I DID NOT MEAN TO STILL anything!

And over all what is going to be possible charges?

I expect that the citation and summons indicate the charge that has been filed against you.

the citation says : 18-4-101 theft, unlawfull take food and merchandise from target with valu of $587.

And is there anyone here has experienced on this matter got charged and tell me what happened?

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Quoting tsfrc

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I was using their shopping CART already. After reading all those threads I got agree that they will not believe me:((( But even with return items bag or from other store bag I asked them couple times if it is Ok to walk in and I got YES so that gives you think you do not have to ask and just walk in and I did so many times nothing happened. Ain't that weird they tolerate all those and then one time they use those reasons against you?! That is the point what I do not understand?! And again I DID NOT MEAN TO STILL anything!

And over all what is going to be possible charges?

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Honestly, no it's not weird that they allowed you to carry unpaid merchandise in shopping bags throughout the store. Why? Because I highly doubt that ever happened. If it did, I suggest that you don't use that as an argument. What I find weird is that you have stolen items before (at least 2,3 times by your account) and never did you say to yourself "maybe I need to stop doing this before I get caught and they arrest me for shoplifting!"

Knowing that you have "mistakenly" taken items out of a store using this off the wall brand of organizing your soon to be paid for items sounds like a pattern of shoplifting to me.

I guess there is misunderstanding here! I have not steal anything in the past or anytime! What i am saying is i walked out several times mistakenly with unpaid and after realized then got back and paid! you should read all threads I posted please!

And I walked in with EMPTY bags and ask them if it is OK they said yes previously.

I walked in with the bag, items bought from other store and asked if that is ok and I got YES.

After all those experience, I know it was a mistake but I thought it would be Ok and I do not have to ask!

After reading all those threads, basically I need someone who had same charged and let me know what happened.

You won't typically find kindred spirits here. People come to get answers and the go away from the board. No matter what you say, the correct advice is still the same:

1. The store is not obliged to listen to your excuses. You attempted to carry unpaid merchandise out. That's all the probable cause you need to be charged.
2. You need a lawyer.

Jumping up and down and stating you didn't mean to steal anything and nobody is listening to you will NOT work in a court of law. This is why you need the lawyer.
The lawyer will see if he can for a defense around what actually happened (not your perception of what happened) and if not, see if there is some mitigation or diversion that can apply.
It's almost a guarantee if you go to court with the attitude you display here, you will lose.

By the way, I think you were charged with 18-4-401. 101 is just a bunch of definitions.

18-4-401. Theft.
(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or
(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein.
(2) Theft is:
(a) (Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)
(b) A class 2 misdemeanor if the value of the thing involved is less than five hundred dollars;
(b.5) A class 1 misdemeanor if the value of the thing involved is five hundred dollars or more but less than one thousand dollars;
(c) A class 4 felony if the value of the thing involved is one thousand dollars or more but less than twenty thousand dollars;
(d) A class 3 felony if the value of the thing involved is twenty thousand dollars or more.

You're looking at 90 days and a $250 fine. Also expect a civil demand letter (regardless of your criminal trial outcome) demanding several hundred dollars in damages for what you did.

I do not know who you are and what do you want to do?!!! I am not looking here 'judgment' against me or behalf of me! Even you would say 'I was Right' does not make sense or say "I was guilty" does not make sense but the court!

I am telling the exact story what happened and stating that possible they will not believe me! And I did read that statue 18-4-101 as well. I wrote what I had experience in the past and asked anyone can help me or giving me advice besides 'consult attorney' and even I talked with an attorney, he asked $1500 and told me that he should see the tape and police report. Depends on evidence he would fight. As soon as possible I will get that report and the tape and go from there.

Once again I would like to know here, what other people think and know and what charged they got! Because every thread posted was closed without telling what happened at the end! Since 2005 there has been hundreds thread posted same or similar case but I have not seen anyone what happened at the end.

I walked in with the bag, items bought from other store and asked if that is ok and I got YES. (if this is in a strip mall, I can see this happening. HOWEVER after reading your original posts, you also grabbed two Target bags and filled them.

the citation says : 18-4-101 theft, unlawfull take food and merchandise from target with valu of $587. ($587 = that is not a first time shoplifter! That is someone who regularly steals!) No wonder no one believe you.

Tell these to the judge.....maybe he/she will......

What will happen? You may find yourself being charged with GRAND THEFT. You entered that store with the intent to steal. $587 is not an "oops, I ****ed up". $587 is a "I intended to deprive the store of this merchandise".

Wow! Maybe OP will finally get that! Pandora is quite concise. OP states that the bags were used to eliminate clutter of the small items, but in the end you have almost $600 in unpaid merchandise leaving the store. Being on an important phone call does not eliminate common sense. You would be hard pressed to find a judge of jury that would believe that you forgot that you had a big feakin' cart full of unpaid stuff. It's Target, not Costco. If the bags were just for the small items. how could you not notice the remaiming large items that were just laying randomly in the cart? How can you no see a pile of merchandise worth almot $600 and not realize that you had not paid for it? If you can't explain that to a court or a jury and make sense of it, get ready of a long day.

I am telling you that I did before and asked them if it was ok and they said 'yes' that is why I have not asked this time if it was ok or not! Again, I am telling the whole story what happened.

All right guys, I accepted all your accusations. Now let me ask you that; you had such a this experience and went to the court, any of you? If so what you got charged?

I have not signed anything at the store or accepted any accusation because I know I did not intent to steal! And I never plea 'guilty' at the court as well.

I will take that tape and police report to the attorney will see how we are going to deal with it!

But you have to understand these things are killing your mind and never get away till get the result! That is why I am seeking any thought, any idea, any help, any advice here!

That is exactly right! I mean that bags full of little things but rest of the merchandise could be seen, unpacked, unhide.

So you guys telling me that you were an attorney, police officer, judge or just had experience same case and charged with?

I will share what I will be charged at the court here. And I wished who had same case written down something after their threads here.

With all sincerity, I implore you to update the board with the final result. I am quite interested to see the outcome of your argument.

It's like this....very few people who come here for questions post as what the result is. Nothing we can do about that.

I'm one of the few. I shoplifted. I came here for advice. Hired a lawyer. I decided to volunteer afterwards. That's right - we do not get paid to do this.

My case: I shoplifted. I got a lawyer. I paid my fines and court costs and Civil Demand.

I stayed here to help other people. Because the "what will happen to me?" was scary. I found help here. I came back to help others.

What I am telling you comes from 2.5 years of experience with other shoplifters here. Nearly $600 of merch...that is not your first time shoplifting.

I'm also telling you the "I got distracted by the phone" excuse has been used numerous times. The prosecutor and judge have heard it more than any volunteer here. It won't wash.

The minute you put the items in the bag was enough for them to bust you. That is called CONCEALMENT. The minute you got distracted by the important call....you left the store with the items.

I will say this...you leaving the store previous with items....not good. Even if you were honest about always returning them. After the first time, you should have been more careful.

Sorry, but you are going to court. Your attitude is going to be noted by the judge. If it is like it has been here, you can expect no sympathy, and the judge won't go easy on you.

The judge will also realize that $600 is not a first time shoplifter.

Pandora.

Can you go into a little more detail on your case? How often you shoplifted, what you shoplifted and what happened to you the day you were caught? I think you generally offer good advice but a lot of the volunteers here need to explain the reasons behind the simple instructions they give. Why get a lawyer? Why pay the fine? Why stay out of he store? The obvious isn't so obvious and common sense isn't so common.

Keep up the good work.

I agree with bam! What is your story pandora? and I have read all your threads and advices and I saw that most of your advice were wrong!

And nobody asking you here for your judgement anyway!!!!! you keep telling people 'get your lesson' Again I DO ACCEPT ALL YOUR ACCUSATIONS, I do not want to argue with you and nicely please do not give me any advice or comment!

So anyone had experience like mine can tell me what was their story and what they got charged? And this is First Offense, will they give me jail time?

Um I think Pandora is generally right. problem is the delivery and lack of explanation. but that is who Pandora is.

sometimes you need to hear the truth. sometimes you need to know the reason behind the truth.

what specifically are you looking to have answered?

My story:

I shoplifted one time and was caught. It was a dress on sale for $32, but regularly $64. I hid it under my existing clothes.
LP caught me in the parking lot, and took me to their office. They also called police.

Truthfully (in court, I did not use my real reason - I just said I wanted the dress...truthfully, it was not even something I would normally wear). Real reason is: I did it because I wanted out of living with my Grandmother and being her CareGiver. She was always saying "If you get into any trouble, you're outta here"....so....I thought that would be enough trouble to make her kick me out...I just didn't realize that it would look so bad on criminal background checks and job applications.

I retained a lawyer ($1500). As it was my first offense, the prosecutor and my lawyer worked out a plea deal, so I plead guilty to Disorderly Person. I was given $303 (something like that) in court costs and fines. And $250 Civil Demand from the store.

I was also banned from Kohl's. After 9 months or so, I wrote the corporate office, attn Loss Prevention, and was sent a letter stating I could shop in the stores again. To this day, I keep the letter in my car just in case that LP questions my right to be there.

When you get banned from a store, yes, they can have you arrested for CRIMINAL TRESPASS if you violate the trespass ban (it varies by store...WalMart may tell you stay out of Sams Club also. Some stores will say just the location you were at; others it applies to all stores in the chain - read that form carefully).

I'll try to go into better details in future posts. I know we have those stickied threads, but I guess people do not read them.

A lawyer is recommended because well...they are trained professionals. They know the laws. They know the prosecutor and judge. You wouldn't perform a root canal on yourself, would you? So why not hire a professional who can advise you of your rights, and help you?

Even if a person is guilty, it is your right to have the state prove their case in front of a jury. This is also where the prosecutor and your lawyer sit down and talk and make a deal to a lesser charge/punishment.

If you plead guilty....there are sentencing guidelines that a judge has to follow. And you'll find yourself getting a much harsher punishment than if a deal was worked out.

Also...I asked my lawyer about the Civil Demand. He advised me to pay it. And also had me bring proof of payment to court to present to the judge, in a manilla folder. This showed the judge I was trying to make things right, and taking responsibility for my actions.

From the beginning of my thread I am saying the same thing that even(and I know) I AM innocent, after all those research I understood that I m in trouble! I had already contacted the attorney and I would like to know here, what others experiences.

Once again, even you could tell me I was Right Or Guilty for sure the court will make that decision, right?

Pandora has different experience than others. I have read the others' posts; some say 'I did not plea "guilty" some say "I did not hire attorney" some say "every state is different. So let's put that way 'everything possible'!

At the same time, I do not think if you tell people here 'get your lesson' 'you are such a liar', 'no one believes you....etc' is a good approach who is already upset! You cannot change the fact either being 'positive' or 'negative'. Just tell your story, if you want and share your experience.

Excuse me. But I volunteer my time here.

We have a lot of problems here where people come here, and then get upset when we tell them that their story is not believable. I'm here to tell you what can happen, what your legal options are. I am not here to kiss your ass or hold your hand. I am honest and upfront, not sugar coating you with lies to make you happy.

If you don't like our advice....well, hell, you hired a lawyer...go ask the person you are paying.

Thank you again Pandora. OP, you need to take responsibility for your actions. Taking $600 worth of stuff from a store without paying for it, regardless of your story, explanation, justification or excuse is against the law. Nobody here is going to excuse or support the behavior. Hell, anyone can get in trouble with the law. What you do when the time comes is what defines you.

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Quoting PandorasBox

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Excuse me. But I volunteer my time here.

We have a lot of problems here where people come here, and then get upset when we tell them that their story is not believable. I'm here to tell you what can happen, what your legal options are.
If you don't like our advice....well, hell, you hired a lawyer...go ask the person you are paying.

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That is what exactly what I am looking for!!! I did not see anything about what will happen in your posts!

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Quoting viol8te

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Thank you again Pandora. OP, you need to take responsibility for your actions. Taking $600 worth of stuff from a store without paying for it, regardless of your story, explanation, justification or excuse is against the law. Nobody here is going to excuse or support the behavior. Hell, anyone can get in trouble with the law. What you do when the time comes is what defines you.

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I am taking my responsibility even I do not want, they will make me anyway! So let me ask you that again; where is your advice in this post?!!! or what will happen?

I contacted with an attorney and he said he has to see the video tape and police report first.

here is the question asking myself: Should I hire attorney before court or after?

Are they going to put me jail on first court or they will give me time for trial? Do I have to contact with Target Manager or not?

After all this is the first offense and they will give me jail time or not?

I would advise you, as others here have. But remember...you said you did not want my advice. And you say all my advice is WRONG. Your words, not mine. I don't have to take attitude from you.

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Quoting PandorasBox

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I would advise you, as others here have. But remember...you said you did not want my advice. And you say all my advice is WRONG. Your words, not mine. I don't have to take attitude from you.

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Whatever, what I have seen on you, after reading all your threads, you just want everyone get punished what they did so did you! That is how you feel! Again, I do not see any of your advice on any threads here as well.

Because you do not really want to help anyone! You got punished what you did purposely and you think that is the time for others. That is why you having stupid argument with everyone!

Also, you say you would not advice me because I did not want, so I did not want your comment as well, and do not write anything at all please.

By the way...and I'm sorry you don't want my advice...but if I were you, I would look up CASEY ANTHONY TARGET TAPES...and see just how good Target will have you on their surveillance footage.

In case you can't figure it out...Ms. Anthony was on tape from the minute she walked into the store. It also showed everything she touched....

I think your lawyer will...oh wait, you didn't want my advice.....

This OP is killing me! You want somebody to hold your hand throughout the whole process, huh? You want somebody to tell you from start to finish what's going to happen? Nope! No case is the same. Everyone has to have their day in court. There are no guarantees. What everyone is trying to tell you is that your attitude is not going to go far in court. Quit getting mad at the board and get mad at yourself for putting you in this situation!

viol8te...thanks for your help/support. :)

Target has a great video surveillance system. One of the best in retail. Great zoom lens.

Did you know they also have their own fingerprinting lab? :cool:

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Quoting PandorasBox

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Target has a great video surveillance system. One of the best in retail. Great zoom lens.

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Well, it depends on the store. I know cause I used to work there. Some stores are great, some stores aren't. But do you really wanna gamble on which you're in?

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Quoting PandorasBox

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Did you know they also have their own fingerprinting lab? :cool:

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Actually, they have 2. They built another lab a year or so ago because of the demand on them. They don't just work Target cases, they also assist other retailers and law enforcement.

I may know someone named bam! Who may work at Target.

Long story short, the store security must meet certain criteria in order to detain someone for shoplifting. this helps prove intent in court.

here is what Pandora told you post #1. Get a lawyer, plead not guilty. Obey trespass and pay civil demand.

I do not know what you guys' problem is but I guess, you did something wrong(stealing) 'purposely' and got punishment and you want others get the same!

You do not want help anyone here seriously.

Once again I do not care you believe me or not, because judge will make the decision! Arguing with you is just worthless and plus wasting time!

And I also see that you guys occupied the board and telling people 'get your lesson' LIKE WE DID!!

I am done having conversation with you!

I will update the board every step what I will have.

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Quoting bam!

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I may know someone named bam! Who may work at Target.

Long story short, the store security must meet certain criteria in order to detain someone for shoplifting. this helps prove intent in court.

here is what Pandora told you post #1. Get a lawyer, plead not guilty. Obey trespass and pay civil demand.

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You are wrong ban! Pondara never advice me nor anyone 'plead not guilty, obey trespass and pay civil demand" in any thread on the entire board!!!

He just saying everyone 'get a lawyer' which means 'everyone is stupid to have idea getting lawyer but Pandora!!!!!!'

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Quoting tsfrc

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I do not know what you guys' problem is but I guess, you did something wrong(stealing) 'purposely' and got punishment and you want others get the same!

You do not want help anyone here seriously.

Once again I do not care you believe me or not, because judge will make the decision! Arguing with you is just worthless and plus wasting time!

And I also see that you guys occupied the board and telling people 'get your lesson' LIKE WE DID!!

I am done having conversation with you!

I will update the board every step what I will have.



You are wrong ban! Pondara never advice me nor anyone 'plead not guilty, obey trespass and pay civil demand" in any thread on the entire board!!!

He just saying everyone 'get a lawyer' which means 'everyone is stupid to have idea getting lawyer but Pandora!!!!!!'

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Not sure what the hell that means, but I guess we didn't help. :grumpy:

Sir,

There is no legal requirement for anyone here to answer you.

PS... I am a SHE. Not your presumed male.

Hey d bag. Read the sticky I posted. It's called consequences of shoplifting. I think Pandora wrote one too. She just happens to be on the other side of shoplifting.