Shoplifting by Switching Barcode Stickers
My question involves criminal law for the state of: California
So my nephew was in Target and he tried to buy something after changing the barcode sticker on the item. He put a cheaper barcode sticker on a more expensive item and tried to pass it off. The clerk thought it was suspicious, they didn't think it was him, but they handed the items to security to look at the cameras later on. My nephew paid for the rest of his items (legit) and left. When they see him on camera, can they do anything to him? He didn't leave the store with the items and he wasn't accused or held. He has a clean record and is a good kid, but had a lapse of judgement. Any advice would be great, thanks.
Re: Target- Nephew Changed Barcodes on Item, Left Store W/O Item. Will They Go After
Of course they can. They can charge him with theft. What makes you think that if he leaves the store before they have the evidence to charge him he's home free?
Tell him to get a lawyer and stop stealing.
Re: Target- Nephew Changed Barcodes on Item, Left Store W/O Item. Will They Go After
I understand & agree completely with you. This was the first time he ever did this & I am not sure he was going to go through with it. His parents have already taken away his car & have grounded him, he is under 21. Appreciate any feedback any Target LP's can give, thanks.
Re: Target- Nephew Changed Barcodes on Item, Left Store W/O Item. Will They Go After
Being under 21 is not relevant. Being under 18 might be helpful to him in the long run as he may have a chance to seal his criminal record after he turns 18.
No one can say what WILL happen. It is unlikely that they will call the police at this point, but, if they review the video and can discern that he swapped the item somehow, there is nothing to prevent the store from reporting it to the police.
Last year this would have been a felony (commercial burglary) in CA. But, thanks to the dim voters of CA we have decided that this is now petty theft (if under $950). Chances are this will not be investigated at this point. But, clearly, this is not the kid's first foray into criminal activity and likely will not be his last; this may be the first time he got almost caught, but the odds of it being the first time he ever tried to shoplift is remote. If no one is willing to instill the fear of God into the kid, the family may want to start saving up for bail money and attorney fees.
Re: Target- Nephew Changed Barcodes on Item, Left Store W/O Item. Will They Go After
This is the first time he has gotten caught. Not necessarliy the first time he has done this.