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Charged With Shoplifting for Using a Product and Returning it to the Shelf

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  • 10-27-2013, 11:35 PM
    asterix
    Charged With Shoplifting for Using a Product and Returning it to the Shelf
    My question involves criminal law for the state of: Indiana

    My 14 year old daughter went shopping with her grandmother at our local Wal-Mart. I was later recieved a call from her and was told I had to come get her. L/P informed me after I arrived that they had her on camera opening a tube of lip gloss and applying it- which she does not deny and though not right; is understandable that she may not have understood it as an act of theft.

    My daughter lives a very sheltered life; she attends a small Catholic high school and when not at school is either home, practice or participating in sports so has never been in any trouble stated that she was going to buy it then realized she had left her money in her grandmothers car (which she had a little over $30 in her grandmothers car) so returned the lip gloss on the shelf where she originally got it then met back up with her grandmother.

    When the two of them attempted to leave, she was confronted by the L/P personnel and was asked what was in her purse- to which she stated nothing- she emptied out her bag for them and there was no lip gloss or anything associated with the store. They then brought her and her grandmother to the L/P office where they asked her what she had done with the lip gloss- she told them that she put it back on the shelf where she got it and was made to go and get it from exectly where she had originally gotten it.

    The whole situation has a nasty smell to it since the version given by the L/P personnel does not match the story from my daughter or her grandmother- I was told by the L/P personnel that she put the lip gloss on then must have ditched it in the store; yet my mother-in-law informed me just as my daughter had, that she had to go out to the floor and get it from the shelf and that it was in the L/P office when they spoke with me.

    Just hoping for some input regarding this situation.
  • 10-27-2013, 11:52 PM
    jk
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    Quote:

    14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf

    My question involves criminal law for the state of: Indiana

    My 14 year old daughter went shopping with her grandmother at our local Wal-Mart. I was later recieved a call from her and was told I had to come get her. L/P informed me after I arrived that they had her on camera opening a tube of lip gloss and applying it- which she does not deny and though not right; is understandable that she may not have understood it as an act of theft.

    she understands it now I hope.

    Quote:

    My daughter lives a very sheltered life; she attends a small Catholic high school and when not at school is either home, practice or participating in sports so has never been in any trouble stated that she was going to buy it then realized she had left her money in her grandmothers car (which she had a little over $30 in her grandmothers car) so returned the lip gloss on the shelf where she originally got it then met back up with her grandmother
    what does that have to do with her using it?


    Quote:

    The whole situation has a nasty smell to it
    ya, but I don't think it is walmart that smells bad this time.


    Quote:

    I was told by the L/P personnel that she put the lip gloss on then must have ditched it in the store; yet my mother-in-law informed me just as my daughter had, that she had to go out to the floor and get it from the shelf and that it was in the L/P office when they spoke with me.
    none of that is relevant. She USED the product and then put it back on the shelf. That is depriving walmart of their ability to sell the product. that is theft.

    Would you condone her picking up a bottle of pop from the cooler, drinking some of it and then putting it back? How about taking a bit out of a candy bar and then putting it back. That is what she did with the lipstick. Nobody wants to buy lipstick she used on her lips. That is NASTY (plus a health code violation if walmart would knowingly allow it.)


    Quote:

    Just hoping for some input regarding this situation.
    if she really is a good kid, hope for a diversion program but definitely do not make excuses for her like you have here. Walmart is not the bad guy in this situation.
  • 10-28-2013, 12:28 AM
    Disagreeable
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    It does have a nasty smell. It reeks of poor parenting. I suppose grandma had no money and she was going to trot out to the car, grab some cash and buy the merchandise she used.
  • 10-28-2013, 12:40 AM
    asterix
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    JK: thank you for the reply - in talking with her I did have to explain to her that using the product would be considered stealing, that the store would not be able to sell the product (though I do have my doubts that they wouldn't since I went back and found 12 other tubes of lip gloss and lipstick that were opened- neither here nor there)

    The second quote has nothing to do with her using the lip gloss, just describing her as an individual and the fact that she has never been in trouble before.

    Regarding the 'smell' comment; there was one additional part I did not include in the original posting- L/P started following her when she placed the item back on the shelf (a woman actually stopped my daughter in the store to let her know someone was following her) this was after she had put on and put back the lip gloss. The part that smells would be why didn't this person stop her at this point and explain she couldn't put it back and had to buy it- size and facial features would make my daughter appear to be around 9 and not 14.

    This is the part that confuses me- if you watch what appears to be a 9 year old little girl open and put on some lip gloss, then watch her put it back on the shelf- do you naturally assume that this child understands this to not be correct when you have rows of items along side in market packaging that are put out as samples you can freely use?

    I'm sorry if the appearance is that I am excusing her actions, I most certainly am not, but I do have problems with the way L/P handled the situation where it appears they are interested only in the fees derived from their action.
  • 10-28-2013, 12:42 AM
    Disagreeable
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    There is a big difference between a 9 yr old and a 14 yr old.
  • 10-28-2013, 12:45 AM
    asterix
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    No disagreeable, her grandma did have money to pay for the items that she bought- I had hoped to get some insight here, but with your comment I can see this as being no different than had I posted on Yahoo or the like.

    - - - Updated - - -

    This is true, too bad no one asked her or her grandmother how old she was..
  • 10-28-2013, 01:01 AM
    Dogmatique
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    In all fairness, even at 9 she should have known without being told.

    But that's not the point.
  • 10-28-2013, 01:08 AM
    Disagreeable
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    You are getting input. She is in the process of learning a lesson you apparently failed to teach her. Trying to hold her hand and tell her they are a bunch of big meanies will negate the lesson. Allow her to earn the money to pay any civil demand and learn from the experience.

    Quote:

    Quoting asterix
    View Post
    No disagreeable, her grandma did have money to pay for the items that she bought- I had hoped to get some insight here, but with your comment I can see this as being no different than had I posted on Yahoo or the like.

    - - - Updated - - -

    This is true, too bad no one asked her or her grandmother how old she was..

  • 10-28-2013, 01:19 AM
    cdwjava
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    At 14 there will likely be a legal presumption that she understand right and wrong, and that this sort of action is unlawful. If you wish to pay for mental health counselors to interview her and then testify that she is below age level in social development and is not properly socialized for her age, then you can give that a whirl. Until then, she is liable for the crime ... and, through her, you will be responsible as well.

    It is possible that your state and county offers a first time offenders program that can help keep this off of any criminal record. She may have to pay fines, take a shoplifting counseling program, keep her nose clean for a year, and pay a civil demand of a few hundred dollars to the merchant, but she might be able to get away without a criminal record.

    If she is ultimately charged, you can either hire her an attorney or ask the court to provide legal counsel if you cannot afford any on your own.
  • 10-28-2013, 06:51 AM
    PandorasBox
    Re: 14 Year Old Accused of Shoplifting Even Though Product Was Still on the Shelf
    There were other options.

    - Oops, I left my money in grandma's car, I'll take the lipgloss to grandma to buy and pay her back when we get to the car.

    - Oops, grandma, I left my money in the car and need it to purchase this lipgloss. Can you hold this for me and lend me the car keys so I can get my money....



    Lesson learned: Do not open anything until you have paid for it. If you're gonna try on lipgloss, do so at a store with a cosmetics person working and doing samples with q-tip swabs.

    In the end, the store will be sending you a Civil Demand, that needs to be paid. There will be a cost for the Diversion Program, if one is available. And if you cannot afford a lawyer and need a public defender, that is not free either. Seriously expect that lipgloss to cost $1500+.
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