To Be or Not To Be

ILLINOIS- On 12/26/06, I was in a store (know the owners well), purchased some items, and began to leave. The detector went off, and I turned around to hand my bag to the salesperson. He nonchalantly took my bag, looked through it, and returned it to me. I walked through the detectors and the alarm sound again. I turned around to hand my bag to the salesperson. He nonchalantly took my bag, looked through it again, and returned it to me. Bottom line is that I continued the procedure several times literally, before he came from behind the counter. I must add that when I walked back through (to return), the alarm did not sound. A customer stated that her car keys/remote would sometime activate the detectors. Nonetheless, I went through my purse (thinking my Blackberry, keys, etc.) may be the culprits. Meanwhile, the salesperson seems to be irritated that I am taking up his time. I virtually undressed myself looking for the cause. I am now becoming irritated. HE (salesperson) decides he wants to search me (female), I tell him no, however, I will allow the female associate to search me. We begin to walk to the back of the store, and he became irate. He insisted that she perform the search in front of the store. I refused that also. Now, I do know that I was under no legal obligation to go as far as I had. I "knew" that I had done nothing wrong, and wanted to be sure that they knew it as well. The salesperson was becoming hostile, so I began to insist they call the police, and demand a refund of the items I had purchased. Meanwhile, my cell phone (on the counter with my belongings, 20ft from me) is ringing. I proceed to go over and answer my phone, and pick up my belongings. At this point, I see a bottle($5) in my sweater pocket. I then realize that I had put it in my pocket because my single item purchase turned into several items. I did not have a basket, my hands were full, I was talking to one of their workers & customers, and honestly forgot about it. Well, now embarrassed by all of this, I panicked. I put the item on their counter. The salesperson eventually found it there, and said that is what I was stealing. The police finally arrived, and we gave them our side of the story, respectively.(Mine minus the reality check-still embarrassed). The salesperson told the police that he had me on tape, and that we could see it. Five minutes later, changed his mind, and said, "He did not want his customers to feel bad or embarrassed, so just drop the whole thing." The police supervisor/chief is telling me that they had similar problems with this store in the past, I should consider civil action, and even told me to contact BBB and the Atty General. (Not on my mind, because I know something they do not I just want this over!) The officer that was speaking with the salesperson told me to return the stuff I purchased, and not even speak to the salesperson. I insisted on just leaving, and the officer insisted that I return the stuff after being treated that way. I wanted it over, so I went to return the purchase. The salesperson is upset again because I am returning my $16 purchase, so says that he changes his mind again, and wants me arrested. The officer states that he has to show them the tape. The salesperson turns to me, and asks if I apologized to him. He began yelling and screaming at me, so I told him that I would apologize if he changed his tone. He proceeded to take the officer to view the tape. Approximately 10 minutes, the officer comes back, and states that the salesperson cannot work the cameras. The salesperson went on to say his wife would be in the next day and could view the tape then. He also asked the officer if they could arrest me later once the tape was viewed. The officer stated that they could issue a warrant later. I left the store, and received a call THREE days later from the officer. He left a message stating that I have 3 days to call him back or I will encounter extenuating circumstances. I know that I made a major mistake not coming clean. I just panicked after all I had voluntarily gone through to prove to them that I did not do something I had inadvertently done. Is any of this legal?

It's not legal to shoplift. It is legal to detain a suspected shoplifter. It's not wise to lie to the police. I have no way of knowing what the videotape shows (or doesn't show), but if it shows that you lied then the police will probably infer that you had intent to steal.

It would have been wise, under the circumstances, for you to have apologized for the misunderstanding. You did make a mistake, you did cause the alarm to go off, and the underlying confusion was your fault.

I agree wholeheartedly that I created an even bigger mess. I did apologize to him at the store and again on the phone. I told him that I made a terrible judgment, and regret it. Is it possible to issue a warrant several days later, even if I did not remove the item, and it was returned at the last point of purchase? Does it not become a form of bribery when the salesperson stated that I could leave, only to change his mind when I returned the purchase? Thanks for your assistance in this matter.

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Quoting YaYa21

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Is it possible to issue a warrant several days later, even if I did not remove the item, and it was returned at the last point of purchase?

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Yes, it is.

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Quoting YaYa21

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Does it not become a form of bribery when the salesperson stated that I could leave, only to change his mind when I returned the purchase?

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No, it's not.

Thanks for your response. So, what can I do at this point? What is the possible outcome of all this?:confused:

You should consult with a criminal defense Lawyer

I definately plan to do so. In fact, I have made calls and sent emails via the CDA's contact info on their web site. My concern at this juncture is that with this being New Year's Eve weekend, and Monday being a holiday, I will have surpassed my 72 hour response time to the police. This means they will issue a warrant for my arrest. Yet, I know that it is best that I speak with an attorney prior to speaking with the police. Catch 22? :wallbang:

No your still fine. Worst case scenerio is that you contact Police they have you turn yourself in. At that point most likely outcome will be cite and release! You can tehn go home with a court date! This will give you ample time to find an Attorney

Thanks again. So, if I do not speak with an attorney prior to the 72 hour deadline, should I contact the police? I just don't want to add more insult to the injury by not calling, and allowing a warrant. I would hate to be out with my children, and get arrested. This is so shameful...:wallbang:

You were given 72 hours to contact Police I strongly suggest you do that. Like I said most likely outcome is you will get a citation and a court date! If they try to hold you (very unlikely) do not say anything and request an Attorney!

Thanks again. I made the call to the officer, unfortunately, he is gone for the day. I left a message on his voicemail.
If I am told to turn myself in, will I have to stay in jail? Would someone have to bond me out? How would that work on a holiday and no court?

As I said earlier it is very unlikely you will be placed in jail. You would come and give PD some information and get a citation and a court date! Unless there is something you left out, forgot etc this not that serious that they would place you in jail until court.

Understood. Again, apologies for the many questions. I am new to this, and really have no one I can ask about procedure. I did alot of reading on the net, unfortunately, it was a bit confusing and not very state specific. Thanks!

I agree with Panther, if you do have to go to the station it will probably be for booking (info, photos and fingerprinting). I doubt highly you'll be held over for court, first chance you get have your lawyer get a copy of the tape. It sure sounds like the employee's acted poorly and didn't know what they were doing. None the less you should have bee up front with the bottle right then....water over the bride. Your lawyer should be able to do a lot with this as far as reducing or dropping the charge. Good luck!

If they do decide to charge you, you will be charged with mesdemeanor retail theft (Your post said you are in IL). The set bond is typically $100 (It will actually be $1000 but you only have to post 10%), so long as you have the money, there will be no reason for you to have to sit in jail. If you do have to turn yourself in, make sure you bring $100 in cash.

fingerprints??? mugshot??? I know that I made terrible decisions, and the punishment thus far has been much to bare. I am having anxiety attacks over this, and my blood pressure is up. Will this be on my record? How long?

Am I able to request a copy of the tape? At what point am I able to do this?

Those are questions for your Attorney