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Shoplifting Charge, Possibly Caught on Video

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  • 12-13-2011, 08:08 PM
    Nonnieof5
    Shoplifting Charge, Possibly Caught on Video
    My question involves criminal law for the state of: Kentucky

    My son was arrested a couple of weeks ago, per police for shoplifting at Wal Mart back in July. They said they had him on video but they couldn't show him. but if he wanted to come back to the police station they could show him a picture. They won't tell him what he was suppose to have shoplifted but he received a letter from Wal Mart's restitution department wanting $880.17. My question is why would it take 4 months for them to arrest him if he did shoplift something and for that amount they are saying, if they saw him, why wouldn't someone had stopped him or with it being a high value, why didn't alarms go off? Wouldn't someone have to identify him by tape or picture? Now to top it all off, he is also in the middle of a huge custody fight and pick ups/drop offs are made at the police station so they see him every other Thursday and every other weekend there. If they knew who he was ( they had a warrant and his picture) why did it take 4 months to get him? He said a cop came out and said someone said he was out there and told him they had a warrant on him, then went back inside the station. After getting home, and trying to get his kids out of the car, they pulled up in front of his house and asked him if he had any weapons on him and they wanted to search him. He told them he had a pocket knife and he would get it out of his pants himself, told his 3 year old son to stay put, and while getting the knife out, the officers pulled their guns out and aimed them at him, also telling his wife to get in the house, with their 3 year old and 19 month old still in the car. They handcuffed him and threw him in squad car, still not telling him anything. What can he do, he is a Iraqi vet and draws disability from the Army and is at his last straw.
  • 12-13-2011, 08:31 PM
    Disagreeable
    Re: Shoplifting Charge, Possibly Caught on Video
    Because hunting Walmart shoplifters isn't high on their priority list I'd guess. He can watch himself shoplift and plead to the charges. Hiring a lawyer would also be a good idea.
  • 12-14-2011, 05:01 AM
    flyingron
    Re: Shoplifting Charge, Possibly Caught on Video
    $880.17 isn't likely the value of the item. Depending on the state they can charge more than just the lost item (in fact they don't even need to have lost the item). The standards on the civil cases is far less than than criminal ones.

    He needs a lawyer.
  • 12-14-2011, 05:52 AM
    PandorasBox
    Re: Shoplifting Charge, Possibly Caught on Video
    He needs a criminal defense lawyer.

    What may have happened is this, and this is speculation on my part: He shoplifted, but got out of the store. Maybe the alarms did go off and he hauled ass to the vehicle. LP then got a partial plate number; and reviewed their tapes. Then they printed out a photo of him in the act, and posted it in both the LP office and by employee time clocks - "if you see this person, or know who he is, call LP immediately"....

    He will need a Criminal Defense Lawyer. He needs to start calling around TODAY. Most offer a free initial consultation.

    He will need to pay the Civil Demand. That is separate from Criminal Charges, and failure to pay can result in a Civil Lawsuit, a judgment against him (the amount will have gone up significantly, along with adding the stores attorney fees), and if he fails to pay then it will be a mark on his credit rating.
  • 12-14-2011, 07:01 AM
    justtoonice
    Re: Shoplifting Charge, Possibly Caught on Video
    In my county, and the neighboring county, the Sheriff's Office posts surveillance photos (like from Walmart) for suspected thieves on their website, and anyone who can identify the suspect is invited to contact them.
  • 12-14-2011, 07:11 AM
    davidmcbeth3
    Re: Shoplifting Charge, Possibly Caught on Video
    Quote:

    Quoting Nonnieof5
    View Post
    My question involves criminal law for the state of: Kentucky
    What can he do, he is a Iraqi vet and draws disability from the Army and is at his last straw.

    I wonder if a conviction would affect this disability?

    Officer's pulling guns out? Heck, I've had them pull them out for traffic stops when I'm just sitting in the car doing nothing. This is what police do now.

    The charges and evidence will become clear as trial approaches; if its getting to look like the DA will pursue the case.

    The letter form Walmart is separate than the criminal charges. Walmart is looking for civil damages.

    Why 4 mo. to arrest him? Who knows, but they don't have to arrest someone right away.

    Paying the Walmart civil damages---may wish to have an agreement that your son does not admit guilt.
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