Will You Be Caught and Prosecuted for Accidentally Taking Unpurchased Items

My question involves criminal law for the state of: AL

I accidently walked out of Ulta today without paying for a $34 foundation. I had gone in to exchange previously purchased items and had begun talking to one of the cashiers I knew from classes she and I both forgot about the item in my hand and I did not realize until I was in my car I hadn't paid for it. Will they go back and check the cameras and chose to prosecute me? Im afraid to return it and attempt to pay for it because I know cosemetics are the most stolen type of item and I'm unsure if they will believe me? How likely is it I will be in trouble / what should I do

So you didn't walk back in immediately when you realized your mistake?

I'm sure the foundation is still sealed up, new and unused, right? Go back in, hand it to someone and say "I was here yesterday and I walked out with this somehow, sorry and here you go."

It's as simple as that. I'd bet my house and life's savings they won't do anything further than take it back and thank you for bringing it back.

Do the right thing.

If you're nervous about taking the items back to return them or pay for them, you can buy a money order and send the store a letter indicating that you accidentally took the items and have enclosed payment, keeping copies for your records.

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Quoting DeputyDog

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I'd bet my house and life's savings they won't do anything further than take it back and thank you for bringing it back.

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Don't be so sure. I've heard plenty of stories on various legal forums about people who brought the items back and were arrested. The OP should simply do nothing.

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Quoting John_28

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Don't be so sure. I've heard plenty of stories on various legal forums about people who brought the items back and were arrested. The OP should simply do nothing.

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Deputy works in the field, and I have as well even in management. In the vast majority of cases, nothing happens. Why? Because there is no real proof plus the fact there may not be anyone from LP there at the time to deal with it. Someone comes in and says, this item didn't get scanned or the cashier missed this... I wouldn't let any of my people stat this sort of thing. Someone comes in and says I stole this, had an attack of conscience and I'm returning it...that's a recovery in the books of most folks.

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Quoting John_28

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Don't be so sure. I've heard plenty of stories on various legal forums about people who brought the items back and were arrested. The OP should simply do nothing.

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No, you haven't. What you've heard is people CLAIMING that that's what happened when in reality, they were ditching things as soon as they saw LP approaching and trying to claim they accidentally took the item. Or they took it back because they knew they had been observed and were then arrested.

OP, nothing is going to happen. Take it back. If you are truly paranoid, do what Mr. Knowitall said. But if you just keep the item, you now ARE stealing.

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Quoting DeputyDog

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No, you haven't. What you've heard is people CLAIMING that that's what happened when in reality, they were ditching things as soon as they saw LP approaching and trying to claim they accidentally took the item. Or they took it back because they knew they had been observed and were then arrested.

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Well, anything that we read on any message board, is somebody claiming something. Those people claimed that they had mistakenly left with unpaid merchandise and that they had been arrested when returning to pay for the merchandise. You are claiming that someone who returns to pay for such merchandise will not be arrested. One "claim" vs. another "claim". Which claim is correct?

Well, if you're the OP, do you want to go back and risk arrest?

The only cases I am aware of where the person was actually arrested after trying to return stolen merchandise involved them trying to get a "refund" on that merchandise.

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Quoting Mr. Knowitall

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The only cases I am aware of where the person was actually arrested after trying to return stolen merchandise involved them trying to get a "refund" on that merchandise.

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Then you haven't been reading the legal message boards thoroughly.

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Quoting John_28

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Then you haven't been reading the legal message boards thoroughly.

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You claimed it, time for you to prove it. Let's see some actual posts.

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Quoting John_28

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Well, anything that we read on any message board, is somebody claiming something. Those people claimed that they had mistakenly left with unpaid merchandise and that they had been arrested when returning to pay for the merchandise. You are claiming that someone who returns to pay for such merchandise will not be arrested. One "claim" vs. another "claim". Which claim is correct? The one made by someone who has spent years working in loss prevention and law enforcement, and whose loss prevention experience spans several national retail chains. That would be ME in this current discussion.

Well, if you're the OP, do you want to go back and risk arrest?

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The OP is not going to be arrested. I rarely state such absolute things, but that is a pretty safe bet here. Now if the OP is full of it, and in fact meant to walk out with it, then she might have something to worry about. But if she's been totally honest here? She's not going to be arrested for saying "I accidentally walked out with this and wanted to bring it back."

To your claim, I've MADE arrests in which people obviously intended to steal, but then said, usually loudly and with really bad acting, "Oh no! Oops! I must have walked out with this by mistake" as I was approaching them to take them into custody. I've also had one or two in which someone brought something back - again, there was evidence that they intended to steal, such as ripping things out of packaging, concealing, looking up at cameras, then running out the door - and they WERE arrested when they brought it back with their BS claim, because the only reason they came back is that they believed we'd gotten a license plate number or something of that sort.

The OP's situation? Not going to be arrested in a million years, ESPECIALLY at a national chain like Ulta.

DeputyDog, you're talking about only the situations YOU have been involved in. You can not possibly know about situations that did not involve you.

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Quoting John_28

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DeputyDog, you're talking about only the situations YOU have been involved in. You can not possibly know about situations that did not involve you.

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Having worked LP at 2 major national retail chains, I have also never seen or heard of this happening.