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Shoplifting at Sears
My question involves criminal law for the state of: Colorado
I was shopping at the mall yesterday with my 2 year old daughter. We went in sears where I had purchased 185 dollars worth of clothes for my daughter. (A total of 12 outfits, they were having good sales) we left sears and I took my daughter to the indoor play area, where I was showing another lady the outfits I had purchased. I noticed I had bought two of the same shirt. I went back into sears where I showed the cashier my reciept and I told her I would like to pick something else out. While doing so, I noticed some pajamas I also wanted to buy. I got 3 sets of those (On sale for 9.99 a piece) I hung the 3 sets on my stroller handlebars, which also held about 6 other large shopping bags from previous stores. I went up to the counter and finished my return transaction. While finishing up, my daughter was playing with the accessories right next to the register (Purses, hats, hair accessories) She walks over to me and falls down and begins to scream and cry. I pick her up (Not knowing she has a 4 dollar headband on her head) She is hysterically crying, I'm holding her and also finishing up my return transaction. The cashier hands me my reciept and I leave, with the pajamma sets still attached to my handle bars, in plain sight, unpaid. I walked out of the store and a few moments later I was approached by a gentleman identifying himself as loss prevention. He said he needed me to go back inside and ask me some questions. I then realized what had happened, acknowledged I had forgotten to pay for those, and followed him back into the store. We went to the back room and we chatted for a moment, i apologized for my mistake, and started unpacking my bags to his request. I asked him what was going to happen and if I could simply just pay for the items I intended on purchasing in the first place. He left and came back a few minutes later and said since the total was 74.00 ( They were going off the original price, NOT the sale price, which doesnt fully make sense to me) That it was over the limit to where they would just let me go. Ended up calling mall security, an actual police officer came, wrote me a ticket, and I have court in a month. I've never been in trouble with the law and I'm not sure what to expect. I am 23 years old, and not a single thing on my record. I work for the state and any type of criminal conviction would result in immediate dismissal. Does anyone know what could possibly happen in this situation? I have reciepts from the same day showing myself purchasing well over 350 dollars worth of clothing, 185 being from Sears PRIOR to leaving the store with the unpaid jammies. the items were NOT conceiled, and I ended up paying for the items after everything was said and done. (I wanted them!) Do I need a lawyer, and do they go easy on first offenses? What is the chance of it NOT going on my record? Any information would be beneficial.
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Re: Shoplifting at Sears
You need to hire a Criminal Defense Lawyer. Immediately. Ask for an ACD or First Time Offender program, which would eventually seal your record.
Right now, a public records search can show the arrest (police involved is technically an arrest, you were released on personal recognizance). And of course, there is that little thing called a newspaper and a Crime Blotter.
Yes, they go by the original prices of the merchandise. Receipts showing you spent money don't mean anything - a lot of shoplifters will spend money, then steal anyway.
Another negative....because you had a child with you, the case can be reported to DCF for investigation, too.