Banned from a Mall After Accidentally Shoplifting Jewlery

My question involves criminal records for the state of: CONNECTICUT
It happened just two days back. I went to Sears to buy a jacket .I saw few others items and tried them in the dressing room but i didn't like them so i kept it where it was . while going to the checkout counter there this jewelry section. I saw this bracelet which was $7.99 after the discount from $18.99.I was trying them on . I was trying the bracelet on and also looking of other stuff(earrings, necklace) that can go with it. Then I realized that I was getting late to pick up my kids . So I left all the stuff that I had in my hands behind thinking to come back later. I was in a hurry because my kids ( twins who are in Kindergarten) had a early dismissal that day and I had to pick them up from the bus stop. If i am not there, the bus will take them back to school. While paying for the jacket at the counter and I was on the phone talking to the school if they can stop the kids to get into the bus so that i can go to school and pick them up. But they were already in the bus. So you know how much hurry i was in and also my husband was out of town. The moment i walked out of the first door the Sears officials came and ask me to follow them in the Sears Office. Where i explained my entire situation and tired to explain that it was not intentional. It was totally accidental. But they didn't believe me . They made me sign this paper which said that they have prohibited me of the entering the entire Mall area for one year. I don't know what to expect from them If they send any letters from police or any further actions. It is very disturbing as whatever happened was not my intention.Will this go to my record? What happens if i go to the other stores in the mall after one year and they recognize me as a shoplifter from Sears .That is very embarrassing. Do you think such things happens?Please help...

What did you take and how did you take it?

Yours is not the first time law enforcement has heard, "It was not intentional". Heck, yours is not the first time they had heard it THAT DAY. There's no reason they should believe you when they hear something that just about every deliberate shoplifter tells them.

@ mmmagique- First of all I didn't take anything . I tried the Bracelet on my wrist and looking for the matching earrings and necklaces to go with it. When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?

@cbg- you are right . I know they don't believe me. They think that i must be using my kids name in this case to get sympathy from them and let me go. Instead I accepted that i was guilty even though i was not. the only thing i didn't agree with them was it was "Intentional" and i came to the store with the "Intention" of stealing which is not true.. and I didn't want my kids to go to foster care that a might the school take as an action for not picking Kindergartener from the bus stop/ school after knowing about their schedule . I know that they hear this kind of things from the Professional shoplifters. But they are Professional.

I am looking for some advice - the store hasn't pressed any charges as yet or as much as I am aware of, they have only prohibited me from entering the premises and they didn't report to the police as I know. The question is - can they still report it to police? and if so, how do I defend my self and avoid a permanent record?

My advice is do not go into a store, pickup and experiment with things all over the store, then abandon everything you have collected and leave in a furtive manner. You have been given a trespass warning and could be arrested if you violate it.

The store does have time (1-2 years, it varies by state) to press charges.

You will likely receive a Civil Demand letter in the mail from the store or it's lawyers. Pay that.

Now...let's be honest with us here.....they don't apprehend someone and ban them if nothing was found on them....so tell us what they found? Did you leave the bracelet on your wrist as you went to leave? Did they say they could not find items you were seen trying on that you ditched someplace? WHAT EXACTLY DID YOU SIGN GUILTY TO?

And yes, people will go into the store for a $69.99 jacket and steal a $7.99 bracelet. Hell, people have been caught with plenty of money and credit cards to pay, and still do it.

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Quoting juliarogers246

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@ mmmagique- First of all I didn't take anything . I tried the Bracelet on my wrist and looking for the matching earrings and necklaces to go with it. When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?

@cbg- you are right . I know they don't believe me. They think that i must be using my kids name in this case to get sympathy from them and let me go. Instead I accepted that i was guilty even though i was not. the only thing i didn't agree with them was it was "Intentional" and i came to the store with the "Intention" of stealing which is not true.. and I didn't want my kids to go to foster care that a might the school take as an action for not picking Kindergartener from the bus stop/ school after knowing about their schedule . I know that they hear this kind of things from the Professional shoplifters. But they are Professional.

I am looking for some advice - the store hasn't pressed any charges as yet or as much as I am aware of, they have only prohibited me from entering the premises and they didn't report to the police as I know. The question is - can they still report it to police? and if so, how do I defend my self and avoid a permanent record?

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Sears cannot ban you from the entire mall. Only mall security could do that. They can however ban you from Sears. While they still could call the police if they wanted to do so, its highly unlikely that they will. Generally, if they don't call the police immediately they are never going to call them.

You are likely however to receive a civil demand letter from their attorneys, asking for at least a couple of hundred dollars...so plan to put some money away to cover that.

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Quoting llworking

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Sears cannot ban you from the entire mall. Only mall security could do that

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Bad advice. Actually anybody empowered to do so may an the mall may have given them such authority. You risk a real criminal charge for trespassing even if you slide on the theft charge.

As far as Sears go, I don't even go in there these days even without being banned. Scummy, disorganized, and well on their way to going out of business.

I'd lose the massive chip on your shoulder. Nobody is inclined to believe the "unintentional" argument and "casual" as opposed to "professional" shoplifters are as big of a problem as anything else.

I'd give it a respectful waste of time and write mall management asking for permission to return.

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Quoting llworking

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Sears cannot ban you from the entire mall. Only mall security could do that.

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Ya, that is not accurate. If the Mall has an agreement with the retailers that the store's bans are enforced by the Mall , it is good.. Sears just has to forward a copy of the paperwork to the Mall. I see this all the time.

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Quoting llworking

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Sears cannot ban you from the entire mall. Only mall security could do that. They can however ban you from Sears. While they still could call the police if they wanted to do so, its highly unlikely that they will. Generally, if they don't call the police immediately they are never going to call them.

You are likely however to receive a civil demand letter from their attorneys, asking for at least a couple of hundred dollars...so plan to put some money away to cover that.

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I am ok with paying the civil demand, if it closes the chapter? How long does it take for the store to send the letter?

Does a civil demand letter go to my permanent record? That's my main concern.

Weeeeee have a winner!!!! Pandy scored a home run.

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Quoting juliarogers246

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I am ok with paying the civil demand, if it closes the chapter? How long does it take for the store to send the letter?

Does a civil demand letter go to my permanent record? That's my main concern.

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Quoting PandorasBox

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The store does have time (1-2 years, it varies by state) to press charges.

You will likely receive a Civil Demand letter in the mail from the store or it's lawyers. Pay that.

Now...let's be honest with us here.....they don't apprehend someone and ban them if nothing was found on them....so tell us what they found? Did you leave the bracelet on your wrist as you went to leave? Did they say they could not find items you were seen trying on that you ditched someplace? WHAT EXACTLY DID YOU SIGN GUILTY TO?

And yes, people will go into the store for a $69.99 jacket and steal a $7.99 bracelet. Hell, people have been caught with plenty of money and credit cards to pay, and still do it.

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Quoting PandorasBox

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The store does have time (1-2 years, it varies by state) to press charges.

You will likely receive a Civil Demand letter in the mail from the store or it's lawyers. Pay that.

Now...let's be honest with us here.....they don't apprehend someone and ban them if nothing was found on them....so tell us what they found? Did you leave the bracelet on your wrist as you went to leave? Did they say they could not find items you were seen trying on that you ditched someplace? WHAT EXACTLY DID YOU SIGN GUILTY TO?

And yes, people will go into the store for a $69.99 jacket and steal a $7.99 bracelet. Hell, people have been caught with plenty of money and credit cards to pay, and still do it.

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I did not sign any GUILTY paper... the only thing I signed was from the mall security that banned me from entering the mall area for a period of 1 year.

What did they find on you? What reason were you given for being banned?

If they file charges, you will need to know what you signed, and you will have to be 100% honest with a lawyer.

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Quoting juliarogers246

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I am ok with paying the civil demand, if it closes the chapter? How long does it take for the store to send the letter?

Does a civil demand letter go to my permanent record? That's my main concern.

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No, a civil demand letter does not go on your records at all.

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Quoting juliarogers246

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I did not sign any GUILTY paper... the only thing I signed was from the mall security that banned me from entering the mall area for a period of 1 year.

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so, the mall operators have banned you from entering the mall. That settles any questions about that.

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- First of all I didn't take anything . I tried the Bracelet on my wrist and looking for the matching earrings and necklaces to go with it. When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?

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well, did you buy the jacket? I go to the Ferrari dealer and look at cars. Doesn't mean I am or can purchase one. Your argument fails.

as to you not taking anything;

if you didn't have anything with you, we wouldn't be here talking about it, now would we?

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well, did you buy the jacket? I go to the Ferrari dealer and look at cars. Doesn't mean I am or can purchase one. Your argument fails.

as to you not taking anything;

if you didn't have anything with you, we wouldn't be here talking about it, now would we?

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I think you are missing the whole point -

1) I did buy the jacket. They caught me when I was stepping away from the register after paying for the jacket that I bought.
2) I did not take anything "WITH ME". I forgot to take off the bracelet that I was trying on my wrist....if that constitutes "shoplifting".. then I am guilty... but they took it from me...

PS- It will help if you read the whole post before jumping into conclusions.. I am here to seek help and advice and not for peanut gallery comments,...

2) I did not take anything "WITH ME". I forgot to take off the bracelet that I was trying on my wrist....if that constitutes "shoplifting".. then I am guilty... but they took it from me...

There ya go! That is why you were detained and accused!

- - - Updated - - -

Once you have either concealed an object on your person or in a bag or under stuff in a cart.....or walked past the last checkout point without paying for an item......it is Retail Fraud.

[QUOTE=juliarogers246;762187]I think you are missing the whole point -

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1) I did buy the jacket. They caught me when I was stepping away from the register after paying for the jacket that I bought.

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yes, I did miss the part that you did pay for the coat. Still doesn't excuse walking away with merchandise you didn't pay for.

they caught you going out the door, not just stepping away from the register.

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2) I did not take anything "WITH ME". I forgot to take off the bracelet that I was trying on my wrist....if that constitutes "shoplifting".. then I am guilty... but they took it from me...

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that makes no sense. If it was on your wrist, you did take it "WITH YOU", unless you have a prosthetic arm and left it with the bracelet on it at the jewelry counter.

but yes, leaving with merchandise, even if it is on your wrist, is shoplifting.


especially when you attempt to leave the store with it still on:

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The moment i walked out of the first door the Sears officials came and ask me to follow them in the Sears Office. Where i explained my entire situation and tired to explain that it was not intentional. It was totally accidental. But they didn't believe me . They made

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PS- It will help if you read the whole post before jumping into conclusions.. I am here to seek help and advice and not for peanut gallery comments,..

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I missed the part about paying for the coat. I didn't miss the part about you tried to leave the store with the bracelet on.

so, you have a couple choices:

if presented with a civil demand, pay it or not. If you refuse, Sears will decide if they want to escalate the issue any further.

Yes, you can still be charged criminally. Will you if you pay the demand? Probably not. Will you if you refuse to pay the demand; time for the magic 8-ball.

And yes, they are going to take the bracelet from you, it is THEIR property! You did not pay for it! And no, once being detained, you are not going to be given the chance to pay for it.

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Quoting PandorasBox

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And yes, they are going to take the bracelet from you, it is THEIR property! You did not pay for it! And no, once being detained, you are not going to be given the chance to pay for it.

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I thought that was quite funny:

and they took it from me


like she expected them to allow her to keep it maybe?

At this point:
- Pay the Civil Demand. You will find $7.99 was very cheap in comparison.
- Consult with a Criminal Defense Lawyer and have him/her on speed dial in case charges are filed.
- Do not even go into the mall parking lot.

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Quoting juliarogers246

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I forgot to take off the bracelet that I was trying on my wrist....if that constitutes "shoplifting".. then I am guilty...

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Your first post indicated you went out the first door, not just stepped away from the register; and yes that would constitute shoplifting, retail fraud, larceny or whatever it is your state calls it.

Whether or not it was your intent to steal the merchandise is up for speculation, in many states the act of trying to leave the store without paying for the item shows the intent to do so. The defense that "but I bought this jacket" really holds no water as shoplifters commonly pay for one item while trying to get away with not paying for another.

You were given notice not to return to the mall property, doing so can result in your arrest for trespass. The fear that you might be recognized sometime in the future while visiting another retail store as "the shoplifter from Sears" is simply the stigma you are going to have to bear.

Either stop stealing or start paying attention and managing your time better.

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Quoting juliarogers246

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When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?

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The majority of shoplifters HAVE enough on them to pay for the things they steal. It's not about having ABILITY to pay, it's about having the INTENT to pay, or not.