Charged With Shoplifting After Forgetting to Purchase Merchandise

My question involves criminal law for the state of: Illinois

Thank you in advance for your advice. I was shopping at a CVS across the street from my job (I visit this CVS at least once a week, if not more). I get my prescriptions there, I know most of the staff...

I started using my reusable shopping bag to throw stuff in while I was shopping. Not my purse but one of those fold up bags. I use it every time I go to CVS and many other stores. I was in a hurry and put laundry detergent, softener and a toy for my dog in my bag. I then walked over to grab a gatorade and held it in my hand. On the way to the register, I heard my phone ringing in my purse so I quickly went to the self checkout thinking work was calling. I rang up the gatorade and paid for it. I should note that my Mother just died and my husband is going through some rough times after being injured very badly. On top of that work is crazy, hence my rushing to get back there upon hearing my phone ringing. Anyway, you probably know where this is going. On my way out the door, a man came up behind me and said "excuse mam, I need you to come with me." I turned around and said "ok..." and as we were walking back in the store I said who are you? He said loss prevention and my mind raced. I honestly thought he wanted to talk to me for some other reason. I then remembered what I bought and said I paid for my gatorade. He said ok, I know just come with me. 30 seconds later my stomach dropped and I said "oh my god, I have stuff in my bag I'm so sorry...I will pay for it!"

I've accidentally walked out of a store before with things like a 24 pack of pepsi in the bottom of my cart or dog food that was too heavy to put on the conveyer belt. As soon as I realized it, I ran back in the store to pay. I'm in my 30's and have never shoplifted in my life. Not even as a kid.

Needless to say and long story short...they have heard that story before. I was stunned and in shock and blabbering like an idiot which I'm sure didn't help matters. I asked to talk to the manager and apologized and said that I was absentminded and she could check the videos. The woman was IN the aisle with me as I was putting things in my bag. Nothing I did was sneaky. I wasn't doing this on the sly and I certainly didn't intend to steal something as stupid as laundry detergent. She wasn't having it and said "we were watching you the whole time, we saw you put the stuff in your bag." I told her that yes I put it in my bag, yes I walked out. I am guilty of being a forgetful idiot, not shoplifting.

She called the police and they came to arrest me. I was mortified. This is a store I am in ALL the time, not to mention right across from work. At that point I realized that me going on and on about how it was an accident wasn't going to get me anywhere and that these people hear this all the time. Somewhere in the course of all this I remembered that I had recently complained to this manager about her employee being rude to me. I also said that I had family on the police force but got the location wrong so they thought I was lying until later in the police car when I remembered. This is a nightmare. I spent 11 hours in jail.

I have a lawyer who is great. He said he would of course help me. My question is: do judges even consider the fact that I have had the same full time job for 10 years, I've never been arrested and I am a contributing member of society who will not do anything even remotely close to this again? I have learned my lesson and I also realize that accident or not, I walked out of a store carrying things I did not pay for. I get that. But will he or she even entertain the thought that this was an accident? I am sure every single person that walks in that door tells them that they're not guilty. But isn't pleading guilty to a case for a plea bargain from the other side just to get out of a jail sentence and/or fine also lying under oath?

I don't expect you guys to believe me at all. I just need some advice. Do I need to just suck it up and deal with what they give me or do I fight to say that I'm not guilty? Help me please.

You ARE guilty. It doesn't matter if it was accidental or on purpose, you did shoplift.

Hints for the future: Use a shopping cart. Don't use self checkout.

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Quoting Guilietta

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My question is: do judges even consider....

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You should speak with your lawyer.

Judges do consider a prior record at sentencing, but at this point you need to be focused first on what the prosecutor is willing to consider -- because if you're looking to resolve the charge short of trial, or to get a reduced charge, that's a discussion or negotiation your lawyer will have with the prosecutor.

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Quoting Guilietta

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My question is: do judges even consider the fact that I have had the same full time job for 10 years, I've never been arrested and I am a contributing member of society who will not do anything even remotely close to this again? I have learned my lesson and I also realize that accident or not, I walked out of a store carrying things I did not pay for. I get that. But will he or she even entertain the thought that this was an accident? I am sure every single person that walks in that door tells them that they're not guilty. But isn't pleading guilty to a case for a plea bargain from the other side just to get out of a jail sentence and/or fine also lying under oath?

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There are two parts to this. One is what is considered when determining whether you are guilty of the crime. If you take this to trial, the decision regarding guilt is likely to be made by a jury, not the judge. You can argue to the jury that this was just an “accident” and see if they buy it and acquit you. Bear in mind that the prosecution will point out that pretty much everyone who is caught shoplifting in a situation like yours is going to claim they simply forgot the stuff was there and never intended to shoplift. I think you can expect most everyone to be pretty skeptical of that one. The jury won’t hear that you’ve had the same job for 10 years, what your prior arrest history (or lack of history) is, or that you are a “contributing member of society” because that is not relevant to the issue of whether you are guilty of a crime. However, those sorts of things can be considered by the judge in the second part of this, which is the sentencing phase if you are convicted.

Plea bargains are an accepted part of the criminal justice system. You won’t have a perjury problem pleading guilty to some offense in a plea bargain even if you truly believe you are not guilty. But if it bothers you then ask your lawyer about whether you could plead no contest instead. Some states allow for that. It has the same ultimate effect as a guilty plea, but you avoid having to say you are guilty.

In my state, as in most, INTENT is a necessary element of a shoplifting case. However, with that said, intent is generally considered a pretty low bar at trial, meaning that often the act of you actually placing the merchandise in the cart and then later leaving without paying will probably be enough to over come the burden of proof for it.

I have to state this carefully to avoid any confusion, because people jump on me when I say this, but it's absolutely true. LEGALLY, the prosecution has the full burden of proof. However, in the category of "how real life works," if you're going to claim this was an accident, YOU had better have something to show that it was an accident. Otherwise, as I said above, the prosecution will argue that intent was fulfilled by you selecting the merchandise, keeping it with you the whole time, and leaving with it. Most juries and judges will agree with that. You simply saying "But actually there WAS NO INTENT, it was an accident" will not be enough to be acquitted. So if you even plan on arguing that, as I said, there better be some evidence that you can show in support of that.

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Quoting DeputyDog

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I have to state this carefully to avoid any confusion, because people jump on me when I say this, but it's absolutely true. LEGALLY, the prosecution has the full burden of proof. However, in the category of "how real life works," if you're going to claim this was an accident, YOU had better have something to show that it was an accident.

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Nothing about that changes that the prosecution bears the burden of proof. All you are saying here, which is true, is that if the prosecution’s case would be enough to convict the defendant then the defendant needs to offer evidence of his own to at least raise enough doubt that the state has proven its case if the defendant hopes to avoid conviction. When it comes to a defendant taking a stand and simply stating “I didn’t do it, it was an accident” that generally alone isn’t going to be enough because the jury isn’t likely to believe it. It doesn’t do much to cast doubt on the state’s case.

Unfortunately at that particular CVS they only have self checkout. But yes, I will use a shopping cart.

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Thank you all for your replies. How would I even begin to offer proof? I am not disputing that I put the things in my shopping bag. My thought was that if they pulled the video evidence, they would see that I wasn't putting the things in my bag in a way that would raise suspicion. I just shoved the stuff in there as I was shopping and like I said, the manager was actually in the aisle with me once as I was doing it. I honestly think that if they saw the footage, they would see that I was walking around without a care in the world (like an idiot) and didn't think twice about it. But then I thought, my god could they possibly think then that I was so arrogant that I would do that anyway? This is my life. I know that some people are arrested for shoplifting and don't care or they have records that are a 10 ft long so this is just a blip on the radar. But ironically I've been exploring the possibility of a new job and I know that if I have this on my record, I am screwed. I wouldn't even apply, out of embarrassment.

I also read on here that it's a good idea to go to court ahead of time to see how things go and what to expect. However, can you guys answer this...I've read that things go very fast but I'm wondering if my lawyer will speak to someone (the prosecutor) before I'm even up there. Will I know what's happening before I go before a judge or do I find out right then and there? Like I said, I've never been to court because I've never been arrested.

I kind of got the feeling that the manager wanted me to confess to stealing immediately, not to prove her right but for some other reason. There was this exchange "Mam, can I speak with you for one second?" "Sure but I don't want to hear any b.s." This happened in the back room. If I had just said "fine, you got me" (a thought that I entertained because I was thinking of anything to end that nightmare) would she have done something different besides calling the police? I am going over this in my head at least 40 times a day and I'm thinking of all the "if's." Now I'm just honestly curious. I don't know how this works but I'm reading that some people are given a paper to sign and told to pay money and then they're let go. Does this actually happen?

I certainly hope that your attorney has the good sense to tell you to keep your mouth shut. Start rambling on like you are here and you may end up eating bologna sandwiches for awhile.

I agree..leave it to your attorney. Use an attorney ...do not try this one yourself. You are for sure likely to say too much!
In many states the mere act of concealing the merchandise in your bag constitutes shop lifting.

Rambling? I thought this was the place to get advice and talk about legal troubles? Of course I know not to speak out of turn in court or speak at all for that matter. I'll have no idea what to say to be honest.

Why attempt to scare me with the bologna sandwich jab? I know how serious this is and I'm already scared to death. As I should be. Sheesh, why are you even on here harrylime, just to make fun of people?

Thank you for the advice HRinDEVON, I do have an attorney and I intend to let him do his job.

I can't see how anyone would buy your story. Laundry detergent is heavy. Fabric softener is heavy. You're trying to tell me you didn't feel that heavy bag when you're trying to check out? Are you male or female? If you're female, you had a shopping bag in one hand (or on your shoulder), a Gatorade in your hand, a cell phone in your hand... what did you reach with to get your purse????

Even if you're male, you HAD to have felt that heavy bag reaching for a wallet, even if it were in your pocket.

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Quoting Taxing Matters

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Nothing about that changes that the prosecution bears the burden of proof. All you are saying here, which is true, is that if the prosecution’s case would be enough to convict the defendant then the defendant needs to offer evidence of his own to at least raise enough doubt that the state has proven its case if the defendant hopes to avoid conviction. When it comes to a defendant taking a stand and simply stating “I didn’t do it, it was an accident” that generally alone isn’t going to be enough because the jury isn’t likely to believe it. It doesn’t do much to cast doubt on the state’s case.

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Yes, and you phrased it and explained it better than I did.

A while back there was this persistent claim on this forum that if someone just said "It was an accident," without any additional evidence and only the mere claim, the prosecutor now had to prove beyond a reasonable doubt that it WASN'T an accident. People were acting like those four magic words could and would spell doom to any prosecutor's shoplifting case. Obviously that's just not how it works. As you correctly note, if they can win the case, and then the subject says "but I didn't mean to," then the subject had better have something to back that up.

Can you humor me, pretend that you believe my story and offer some advice on what type of evidence I would even have a chance at producing? Do my mannerisms on camera have a bearing or would that just end up being someone's interpretation of how I was behaving? ie; not hard evidence. I appreciate all of this input more than you could ever imagine.

And yes, though it is hard to believe, I had heavy items in both my purse and my bag. My purse had my laptop, a kindle, my phone among other things. Everything I carry is heavy as I am consistently carrying around pieces of equipment for work. So yes, laundry detergent and softener would be something that someone would notice... normally. You guys have absolutely no reason to believe me, I know that. I am still very grateful for the advice. I guess it's worth noting that the laundry detergent wasn't liquid, it was a small bag of those flings. And the softener was a small bottle. The dog toy weighed pretty much nothing at all. Question: does anyone ever post the results of their case on here? I see a ton of questions and back and forth about the "what if's" but I don't see any outcomes.

I know what kind of evidence would likely show that it might have been a mistake, but I have no interest in helping people learn to develop a better technique of shoplifting, so I'm not going to discuss that on an open forum.

Let your lawyer do the work. If it was a mistake, that will likely come out. If it wasn't, you're not going to be able to convincingly argue that it was.

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Can you humor me, pretend that you believe my story and offer some advice on what type of evidence I would even have a chance at producing?

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If you don't intend to allow your attorney to do his job, why not just fire him?

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Quoting Guilietta

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Question: does anyone ever post the results of their case on here? I see a ton of questions and back and forth about the "what if's" but I don't see any outcomes.

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We rarely get follow-ups. Sometimes we do, but not often.

I do intend to let him do his job. And thank you all for your responses.