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If You're Caught Shoplifting, Is the Store Likely to Discover Prior Thefts

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  • 07-20-2012, 08:57 PM
    SoundWave
    If You're Caught Shoplifting, Is the Store Likely to Discover Prior Thefts
    I have a shoplifting question, which may be a little uncommon. I'm 26 and the other day I was caught shoplifting (pathetic I know, but It was only out of desperation), but not traditional shoplifting. What happened was I would buy a few small, lost cost items, then a few days later I would return, pick the same items up and use my receipt to return the items to the store (as If they were the same Items I purchased). I was able to do this a few times before without being caught, but the other day I was caught when I tried to return some Items (the total cost being around $3.59 before tax). The store didn't call the Police but took my ID, said they would file theft charges, and that I would receive a letter in the mail. The only reason I ever did this was because I've been having money trouble as well as a lot of trouble finding a job. I would appreciate If someone could help me with the following questions:


    1-When they file the charges, If they somehow found out (a friend rats me out, they watch old security camera footage etc..) about the other times I've done this will they be able to add the other Items to the charges even If they didn't actually catch me during those times?

    2-This is one of my first offenses (the only other being a tint ticket), what will happen when I go to court?

    3-Well I be charged with a misdemeanor or felony?


    Thank you for any help.


    My question involves criminal law for the state of: Indiana
  • 07-20-2012, 10:05 PM
    PandorasBox
    Re: Probably an Uncommon Shoplifting
    1. They sure can.

    2. It depends on if a friend rats you out, or if the store has additional incidences in evidence.....

    3. Depends on the amount they can prove you have stolen.

    Start researching lawyers in your area, you may want to have one on speed-dial....
  • 07-21-2012, 11:15 AM
    SoundWave
    Re: Probably an Uncommon Shoplifting
    Quote:

    Quoting PandorasBox
    View Post
    1. They sure can.

    2. It depends on if a friend rats you out, or if the store has additional incidences in evidence.....

    3. Depends on the amount they can prove you have stolen.

    Start researching lawyers in your area, you may want to have one on speed-dial....

    Another thing I was worried about was what If they knew about the other times I did this, but for whatever reason didn't do anything about It at the time? Something like this happened to my brothers friend a few years ago, over the span of a few years he stole a number of DVD's from Wal-Mart, and when he finally got caught they said they knew It was going on for at least a year and a half. If they knew It was going on for that long why wouldn't they say something sooner?
    This is what has me a little worried that they might have been aware of what I was doing the whole time but didn't do anything about It.

    Also, as I'm currently broke and without a job, me hiring a lawyer is not an option. So, should I represent myself? And If I do should I plead guilty or not guilty?
  • 07-21-2012, 11:33 AM
    PandorasBox
    Re: Probably an Uncommon Shoplifting
    Not guilty. Ask for a public defender.

    As for how far they may look back....it would depend on how bored LP is.....if they knew your brothers friend was going about it for 1.5 years, it was likely a scare tactic to get a confession.
  • 07-21-2012, 03:48 PM
    SoundWave
    Re: Probably an Uncommon Shoplifting
    Quote:

    Quoting PandorasBox
    View Post
    Not guilty. Ask for a public defender.

    As for how far they may look back....it would depend on how bored LP is.....if they knew your brothers friend was going about it for 1.5 years, it was likely a scare tactic to get a confession.

    How much does a public defender cost? Also, would what I did even be technically consider shoplifting? I mean I never took the Items from the store or even placed them in my shopping bag.


    What is an LP? Also, If they actually did know for that long, would they even be able to do anything about It since they let some much time pass without ever calling the police (or confronting him) and basically ignoring It for the entire time?


    I appreciate the help you've been giving me.

    - - - Updated - - -

    I had another question; I have OCD (a lot of hand/clothes washing etc.) , although I never been to a Doctor to have It officially diagnosed (though It's obvious to both myself and my family, with my family bringing It up several times). I'm mentioning this because the majority of the Items in question were "Cleaning" related (antibacterial soap, disinfectant wipes, rubber gloves etc.) So, my question is when I go to court should I bring this up and If I do would It help, hurt or have no effect on the outcome?
  • 07-21-2012, 09:38 PM
    Ranger72
    Re: Probably an Uncommon Shoplifting
    Ahhhhh! Watch out for those LP guys! They work for the store, Loss Prevention, they walk around the store disguised as shoppers who watch you! I found out the hard way! And they have little offices in the back with live cameras! And they are everywhere! Could even be in the mirrors! I was busted a few months ago! Pure hell! I am a totally diff person now!
  • 07-22-2012, 07:21 AM
    PandorasBox
    Re: Probably an Uncommon Shoplifting
    Skip the OCD excuse, the judge has heard it.

    You said "What happened was I would buy a few small, lost cost items, then a few days later I would return, pick the same items up and use my receipt to return the items to the store (as If they were the same Items I purchased).

    What you are doing is return fraud - you are depriving the store of their money. They likely had you on camera from last time, and decided to trail you and record your movements.

    Oh yeah....to add to what Ranger was saying....aside from the obvious cameras in the ceiling, they can be well concealed elsewhere- even those mannequins modeling clothes may have a camera behind the "eye".
  • 07-22-2012, 11:27 AM
    SoundWave
    Re: Probably an Uncommon Shoplifting
    So, is Return Fraud the same as Theft (same consequences)? I mean when someone gets caught for shoplifting/return fraud are they both classified as Theft? So, even though I never took a single item out of the store, or tried to conceal any, I can still get a Theft charge? And Is there any such thing as a "Shoplifting" or "Return Fraud" charge? If so, which of those three (Shoplifting, Return Fraud, Theft) is the more serious charge? I personally never thought It was shoplifting, as the main definition of shoplifting is to take Items from the store without paying for them; and I never heard of Return Fraud before.

    Also, If I have no money, can I still get a public defender?


    EDIT:

    Also, what are the Statute of limitations on those three (Return Fraud, Shoplifting, Theft) in the state of Indiana?

    - - - Updated - - -

    One more thing; how long do they give you to pay Civil Damand and other fines?
  • 07-22-2012, 01:59 PM
    Security Consultant
    Re: Probably an Uncommon Shoplifting
    Indiana does not have a "shoplifting" law. It's theft. Few states actually have a "shoplifting" statute.

    In Indiana you can expect a civil restitution fine of $100.. It is either sent by the store or a firm hired to represent the retailer.
  • 07-23-2012, 01:44 PM
    SoundWave
    Re: Probably an Uncommon Shoplifting
    How much does a public defender cost? How long do they give you to pay fines (court, civil demand, etc.)?

    Do you have to pay it all at one time, or can you make payments?

    Also, If they knew about the very first time I did this (about a year or so ago) but didn't bring It up until now, can they still do something about It, and how would that make them look in court, knowing someone was commiting a crime in their store and not doing anything about It for months to a year?
  • 03-21-2018, 10:44 AM
    jane doe 2
    Re: If You're Caught Shoplifting, Is the Store Likely to Discover Prior Thefts
    ok here goes ... first get a lawyer and if you don't have money try for free Public defender.. if you Qualify for one.. don't go it alone and yes they do try and use scare Tactics and they can go back and charge you for others in Iowa I heard it's a year ... not sure where your at... as my lawyer told me on 1st time arrested for shoplifting and clean RECORD I was able to work out a plea bargain and defred sentence with the help of a lawyer. he also told me that it would be best for me to get some PROFESSIONAL help with all the stress and emotional stuff that came at me even when all said and done I still had to work it out with my job too... more waiting again. it's all a crime if you take something from store without paying hiding it or changi g price tag and it's also crime to return it or return stuff with old receipt too. it depend on dollar amount and how often you did it.

    it could be simple mistermeanor to serious mistermeanor to fenloy charges ... like I was told its a crime of Moral Turpitude.

    I'm learning ALOT about why I did what I did with lots of help and realizing that thank God the LP officer and Police officer were doing their jobs good that day because they did help me with mine, because I know now I would of be in more serious trouble if I didn't get help I needed and I also was keeping it hard to say keeping it a secret from myself along with so much more also you will have to deal with stuff like when your freinds family others find out do they help you or judge you and some may walk away too. its a really bad Decision that you made Learn from it and go on from there make sure you get some help I have been learning from my bad decisions and it's great to have some help and a safe place to talk about it without being judge over it. when you do go to court make sure you go and listen dont argue or yell and dress nice. because it's so very true this will be a part of your background record. I hope this helps. and also don't talk about what happen or what you did to any one but your lawyer it all can be used against you in court.
  • 03-21-2018, 03:47 PM
    Shadowbunny
    Re: If You're Caught Shoplifting, Is the Store Likely to Discover Prior Thefts
    This thread is from 2012; the poster is long gone. Please don't necro-post.
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