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Falsly Accused of Shoplifting at Local Walmart

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  • 04-18-2013, 03:12 AM
    mrms
    Falsly Accused of Shoplifting at Local Walmart
    My question involves criminal law for the state of: Indiana

    Last month I was shopping at a local Walmart with my six year old adopted little girl. I had cat food, cat litter, rabbit food, and timothy hay in my cart along with some leftover Valentines Flowers my little girl wanted to put in our house...... In a reusable shopping bag I had laid 2 outfits, energy bars and I believe a few things of fingernail polish, as my daughter likes to sit in the back of the cart and it had been raining outside and I didn't want her shoe prints on them, or the polishes to fall between the cracks of the cart. There may have been a few other misc items, I'm not sure, but it did add up to less than $100.00. As I was getting ready to check out my little one repeatedly kept telling me she needed to go to the bathroom, so I wheeled my cart over to the Subway restaurant that is at the opening of the store when you walk in. As I was making my way over there to park my cart, my daughter took off towards the bathroom in a hurry and in an attempt to keep her near me I parked the cart and ran after her....... Much to my dismay a lady came out of no where and put her arm on my shoulder and held out the other arm to stop me...... Said she had been watching me shoplift and I needed to come with her. I told her my little girl had taken off to the bathroom and I had to get her. I had no clue as to what was going on, as I have never shoplifted and never been in this situation. They took my little girl and I to a room and she asked me if I'd ever been caught shoplifting, I replied "Heavens No".....and If I were going to shoplift I think I'd find something better than cat food, litter and rabbit food. She said that she knew i was shoplifting because of the items I had put in the reuasable bag (why do they make these if they are going to accuse people of this??). An officer came in to take my cart to ring up the items and me being so illiterate to the situation actually held out a $100 bill for him to take and pay for the items. I had no clue what they were accusing me of. They asked me to sign the paper to never come to a walmart again, and when I tried to explain she told me to shut up she didn't want to hear it. My little girl exclaimed "Ommmm, she said shut up", she had no clue what was going on and kept asking why she wasn't getting her flowers and outfit.... I am a reasonable person and really kept my cool for my daughters sake. They told me I would be getting a court date in the mail to appear for shoplifting (mind you I never made it past any door whatsoever because my cart was by the bakery, subway restaurant)...... The lady even asked my little girl if she stole the earmuffs that were on her head, my little girl responded her daddy had bought them for her and the woman replied, I can roll back a tape and see if you stole them! To a little 6 yr old! That really upset me, as she had no clue what was going on....and I personally didn't either. Had I made it outside the store, or even a door...... I could see them thinking or accusing of shoplifting but to not even make it out of the store, offering to pay, etc. I am a school teacher, Air Force Veteran, and I work in Missions for our church..... I'm not one to take anything. My court date is May 7 for something that happened in Feb. Should I seek personal legal counsel to represent me, see what they say at the court hearing (will they even hear my side of the story??)........ I hope someone can offer me some help, it is greatly appreciated. Oh, and I also received a letter from that walmart with a bill for $100.00 for a "restocking" fee....to put the items back on the shelf that I "stole"...... if I had stolen them they wouldn't have to put them back on the shelf...... and if they'd have let me pay for them like I offered, my cats and rabbit would have had food that day ;-) I didn't pay it because my mother does a ton of research on situations and she thought it to be fraudulant, or admitting to shoplifting if I paid it.
    THANKS!
  • 04-18-2013, 04:05 AM
    mmmagique
    Re: Falsly Accused of Shoplifting at Local Walmart
    You need to pay the bill. It is legitimate, and you're very lucky it's so low.

    Show up for court and tell them what happened. I'm reserving judgment on whether or not I believe your story, but you should have known you can't go past the cashier's area without paying for what you have. You should have just left the bag and/or the cart and followed your daughter to the bathroom.

    Do they not still have the little baskets you can carry around if you don't want to push a big cart? I suggest you use those instead of a re-usable shopping bag (which I think you're only supposed to use after paying for the items.)

    Good luck!
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