Leaving a Store After Being Identified as Committing Fraud
My question involves criminal law for the state of: Florida
My brother had gone into a Lowes and managed to get a "store credit" card in the amount of 324$. They had taken his ID and he said himself that they used code to identify a theft in progress over the loud speaker. The cashier gave him the card and he walked out the front door. He didn't run, however he managed to dodge the security guard who may have chosen to apprehend him after leaving but he's not sure. He said the man walked towards him but didn't run. He suspects the man tried to get a description of the vehicle instead. The ID he used was a NY state ID, however he was just issued a FL state ID nearly a month ago. Obviously he's terrified.
Side note: He's not a minor nor does he have any criminal past.
What I'd like to know is:
Should he call the store and offer to return the card? Or apologize over the phone and request that they cancel the card's ability to be used? Because they are able to disable the card so that its no longer valid or usable. He did not leave with any merchandise aside from that. I'm not sure if I should recommend that he try to contact the store. I'm sure they will discover his address in FL using the same information and try to apprehend him that way. Either that or find his address and mail him a court appearance date. What are the odds that they merely just ban him from the store and fore-go opting for an arrest since he will be perceived to be out of state at first?
Please weigh in. He has no previous criminal records at all. He will do anything to avoid any type of trouble if possible. He tried something stupid and of course regrets every second of the act now that its too late. Mind you, this just happened today. The sooner advice is given, the sooner I can pass it on.
Thank you
Re: Caught, but Not Yet - Need Advice Quick
He should expect to be identified by the police and charged with theft, up until the statute of limitations. He should find a good lawyer and keep his number handy.
Re: Caught, but Not Yet - Need Advice Quick
I do not entirely understand just what it is he attempted to do. Did he steal a gift card and attempt to use it? The fact that the cashier handed him the card is a bit odd. Can you be clearer about this?...particularly the "store credit" part?
Re: Caught, but Not Yet - Need Advice Quick
He brought 2 items from the store shelves directly to the customer service desk and said he needed to return them, even though he never bought them in the first place. They gave him store credit in place of that because he had no receipt for proof of purchase.
Re: Caught, but Not Yet - Need Advice Quick
Quote:
Quoting
weldington
He brought 2 items from the store shelves directly to the customer service desk and said he needed to return them, even though he never bought them in the first place. They gave him store credit in place of that because he had no receipt for proof of purchase.
Ok, then what happened after that?
Re: Caught, but Not Yet - Need Advice Quick
Quote:
Quoting
llworking
Ok, then what happened after that?
Well, while he was making the transaction the cashier mentioned that he may be banned from any more returns since it was a "cash" purchase. She then went to security with his ID and came back to finalize the transaction. After she validated the card, she had him sign a receipt and then made a copy of his license. Keep in mind, he said that after the cashier exited the security room a man kept pacing back and forth from the door on the phone and looking directly at him. After that, my brother said he began to walk out and no one was following him that he could tell. However he saw a regularly dressed employee that had walked in and out of the security room during all of this begin walking towards him as he was walking to his car. That employee had been waiting by another door though. So, my brother suspects that if he tried to exit through that door, the man would have tried to apprehend him. The man walked down the same parking lot lane and he suspects he just took a description of the vehicle at best. So, all he left with was a card that he hoped was valid. He wasn't even entirely sure that they put money on the card, but they did. His assumption there is more than likely so that they have sometime to accuse him of taking out of the store. No hard handled merchandise though.
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He would bring the card back if that's what it took. But after reading several things online, it says not to re-approach the store because it wont solve anything. Honestly, I don't know what to do for him.
Re: Caught, but Not Yet - Need Advice Quick
Quote:
Quoting
weldington
Well, while he was making the transaction the cashier mentioned that he may be banned from any more returns since it was a "cash" purchase. She then went to security with his ID and came back to finalize the transaction. After she validated the card, she had him sign a receipt and then made a copy of his license. Keep in mind, he said that after the cashier exited the security room a man kept pacing back and forth from the door on the phone and looking directly at him. After that, my brother said he began to walk out and no one was following him that he could tell. However he saw a regularly dressed employee that had walked in and out of the security room during all of this begin walking towards him as he was walking to his car. That employee had been waiting by another door though. So, my brother suspects that if he tried to exit through that door, the man would have tried to apprehend him. The man walked down the same parking lot lane and he suspects he just took a description of the vehicle at best. So, all he left with was a card that he hoped was valid. He wasn't even entirely sure that they put money on the card, but they did. His assumption there is more than likely so that they have sometime to accuse him of taking out of the store. No hard handled merchandise though.
- - - Updated - - -
He would bring the card back if that's what it took. But after reading several things online, it says not to re-approach the store because it wont solve anything. Honestly, I don't know what to do for him.
I would recommend destroying the card so that he is never tempted to try use it, and staying out of that store, permanently. Other than that, all he can do is wait to see what happens.
Re: Caught, but Not Yet - Need Advice Quick
How about sending the damn card back in the mail with a note saying that it was obtained by theft and the store can have it back?
His choice on whether he's man enough to sign it or takes the cowards way out and does it anonymously.