Caught Stealing Items I Left at a Store After a Prior Purchase
My question involves criminal law for the state of: Texas
I was caught shoplifting in a department store, however I had my reasons. I had shopped at the store earlier that day and purchased a total of $550 worth. I got home, and fell asleep, woke up excited to look at everything only to notice that 4 items were missing. I was quite upset and returned to the store where the associate said that she saw 2 of the 4 items on the counter which the lady who rung me out were just to return to shelf. However, the lady who rung me out did not provide me a receipt and the lady said I could not have any of the items without a receipt of my purchase. Frustrated I left the store and went into another department store to get my mind off of it. I then saw the same store inside a department store and decided that it just wasn't fair, went into the smaller version of the same store, took the 4 items which I had paid for with my money, and when walking out loss prevention lady walked me into the back room, treated me rudely, called the police, I was arrested. I only took what I purchased. I have never ever gotten in trouble with the law before. Not even so much as a speeding ticket. I am 21. A college student, and I tutor. What should I do? I have no evidence of the fact that I had purchased the items because the lady who rung me out did not give me a receipt. The Items totaled around $150, however I carry makeup around in my purse, and brushes too and the loss prevention lady presumed I stole those too when I firmly said that they were mine. So she counted it to be $235. I am really fruterated with the whole ordeal. I was never read my Miranda rights.
Re: Stupid Mistake but Not Really
Not smart is definitely the right characterization.
You don't get to just go and take things you think your owed (even if they did legitimately owned). In this case, you didn't even take them from the people who potentially owed them to you. I could go into what you could have done to resolve the situation, but that's all water under the bridge.
The store you stole from is not obliged to be nice to you. You damaged them (they weren't the ones who have the items you allegedly purchased). Even if you had proof that you were charged for the items you didn't receive, it doesn't change your GUILT on the theft you committed. Miranda rights are only necessary when you are to be questioned after your arrest. Even if the omit it, it's not a "get out of jail free" card. It just means they can't use things that arise from the improper questioning. You're looking at a Class B Misdemeanor. That's punishable by 180 days in jail and/or a $2000 fine (plus costs).
What you need now is an attorney. If you are indigent and can not afford one you can ask for a public defender. If not, start saving your pennies for private counsel. In the long run this is going to cost you big time even if you somehow escape conviction.
Oh, and you can expect that the people you attempted to rip off will send you a civil demand for restitution for the damage you caused them.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Quote:
Quoting
smartbutnotsmart
However, the lady who rung me out did not provide me a receipt and the lady said I could not have any of the items without a receipt of my purchase. Frustrated I left the store and went into another department store to get my mind off of it.
At this point, you could have gone to customer service to see if they could help you find the receipt from the prior purchase, and perhaps surveillance video of you leaving the items.
Quote:
Quoting smartbutnotsmart
...and when walking out loss prevention lady walked me into the back room, treated me rudely, called the police, I was arrested.
If you're caught stealing, you shouldn't anticipate that LP staff will be be nice to you.
Quote:
Quoting smartbutnotsmart
What should I do?
You should consult a local criminal defense lawyer about ways you might be able to keep the charge off of your record. If you are charged with a Class C misdemeanor, you can discuss deferral -- if you successfully complete a deferred sentence for a Class C misdemeanor you can immediately apply for expungement.
Quote:
Quoting smartbutnotsmart
I was never read my Miranda rights.
Irrelevant. Your Miranda rights relate to custodial interrogation by the police.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Quote:
Quoting
smartbutnotsmart
I was caught shoplifting in a department store, however I had my reasons.
The reason was not a good reason, and certainly won’t justify the theft. You should have checked that you had all your merchandise when you left the store — that you didn’t do that is on you. The store didn’t do anything wrong and you don’t get to try to fix your own blunder by stealing from the seller, especially a store location that was different from the one you purchased the stuff to begin with.
Forget what you see on TV and movies. The police are not required to read you the Miranda warning the moment they arrest you. It is only required when the police are going to question you after you are in custody, e.g. under arrest. If the police did not question you about this after the arrest, there was no Miranda violation here. Even if the police questioned you after arrest, the remedy for the Miranda violation is suppression of the statements you made during questioning so that those statements cannot be used against you. The state may, however, continue prosecution of the case using any other evidence it has.
Get yourself a lawyer. Even a misdemeanor conviction for theft can cause you a great deal of problems. Many employers will not hire someone with a theft conviction, for example. And if, by chance, you are not a citizen or permanent resident of the U.S., a theft conviction might result in deportation and a bar to reentry into the country. Yes, the lawyer fees won’t be cheap. But you’ll want to do what you can to minimize the impact of this.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Quote:
Quoting
Taxing Matters
You should have checked that you had all your merchandise when you left the store — that you didn’t do that is on you. The store didn’t do anything wrong and you don’t get to try to fix your own blunder by stealing from the seller, especially a store location that was different from the one you purchased the stuff to begin with.
Are you sure that the original store did nothing wrong? If the cashier was supposed to bag everything and did not do that, then isn't that negligence on the part of the cashier?
If the OP paid for merchandise and the store did not give the merchandise to the OP, then the store may be guilty of theft of the OP's money.
But the OP probably should have sued the company, instead of simply stealing from a different store.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Successfully suing the store would take a bit more than, "I don't have a receipt, and I never went to customer service to try to straighten things out, but I'm pretty sure I left some items I purchased at the store and the cashier wouldn't simply take my word for it and give them to me." As has already been explained, the OP should have gone to customer service.
For the record, on this planet there is no conceivable theory under which the store can be accused of theft when a customer neglects to take her entire purchase with her after she checks out.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Quote:
Quoting
John_28
Are you sure that the original store did nothing wrong? If the cashier was supposed to bag everything and did not do that, then isn't that negligence on the part of the cashier?
Cashiers can make mistakes. Watch them while they bag your stuff, look in your bags to make sure everything is there before you leave, look over the check out area to make sure none of your stuff is still sitting there. It doesn’t take all that long to do, and it’s your best protection against loss. Once you leave the store, don’t expect the store to buy your story that you didn’t get everything in your bag that you paid for. Too many fraud schemes like that have been tried for any store to bite on that.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Again, the poster had options. First step would be to escalate to a store manager and then to the corporate management.
Just retaliating by stealing the items even if you did it from the same store is NOT a legal redress. Stealing the items from a different establishment doesn't make any sense at all.
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Quote:
Quoting
John_28
Are you sure that the original store did nothing wrong? If the cashier was supposed to bag everything and did not do that, then isn't that negligence on the part of the cashier?
If the OP paid for merchandise and the store did not give the merchandise to the OP, then the store may be guilty of theft of the OP's money.
But the OP probably should have sued the company, instead of simply stealing from a different store.
Your posts are meant as jokes .... right?
Re: Caught Stealing Items I Left at the Store During a Prior Purchase
Tell the judge everything you just told us. But telling your side of the story is not going to be enough, you're going to need some evidence to help your case. Like you will need proof you were not provided with a receipt, and proof the 4 items you purchased were not given to you.
I don't know if its too late for this, i don't know how long they keep their security tapes, but generally all cash registers are visible on security camera. Which means they should have video of you checking out, and that will show wether or not she handed you the receipt, and it will show those items still sitting on the counter after you left.
Proof of all this will help, but what you did was still wrong, so thats not going to get you off entirely.