Can You Be Charged With Shoplifting for Accidentally Taking Merchandise from a Store

My question involves criminal law for the state of: California

Yesterday, I went to a store to return a bag and buy makeup. After returning the bag, I looked for another one. While I was trying on a bag, I had stomachache and wanted to go to the bathroom. Even though there're restrooms inside Macy's, I don't know exactly where they are. However, I know where the restrooms are inside the mall where Macy's located, just a few steps from Macy's. So, I headed to the restroom forgetting that I still had an unpaid bag on my shoulder. Only when I was inside the restroom, did I realize that I had the bag with me. So, after leaving the restroom, I headed back to Macy's to return the bag. I also bought back the one that I returned as I couldn't find any thing else, and the makeup, of course.

That's basically my story. My question is whether there's any chance that I can be convicted of shoplifting. I have had paranoia since then. After leaving the mall, I stopped by H&M on a road right opposite to the mall. I was just looking at the accessories there and left after 5 minutes. On my way to the door, I heard the store's phone hung on the wall ringing, I looked at it and saw "mall security". I was scared that they thought that I shoplifted and were after me. Now, I feel worried most of the day and am in the status of waiting for a notice coming in the mail or a cop showing up at my door.

Thank you so much for your time and advice.

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Quoting sooki

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My question is whether there's any chance that I can be convicted of shoplifting.

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Sure. There's always a chance.

But since you weren't grabbed going out or back in, I doubt if anything will come of it.

Two suggestions:

1 - Avoid Macy's from now on just in case you're on video and they are waiting for you.

2 - Pay attention to what you are doing when you go shopping.

Thank you for the suggestions. What worries me the most is that I made the payment with my credit card. So, I believe that there's the big chance that they can identify me if they want to.

I know I deserve to live in worries as I made the mistake.

Did you return the not purchased merchandise or not? You said after you left the restroom you headed back to Macy's yet you seem to be all freaked out about this; why?

I did put it back to the rack. I'm freaked out because I left Macy's with the unpaid item. I headed back to Macy's to put the unpaid item back hopefully they don't think that I tried to steal it. I mean I'm scared because there's the fact that I left the store with the unpurchased bag and I don't know whether they care about the other fact that I came back a few minutes later to return it. I think, morally, I did the thing that I should have done. But, I don't know, there is no assurance that they won't convict me of shoplifting because I did leave the store with the not purchase bag.

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Quoting jk

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Did you return the not purchased merchandise or not? You said after you left the restroom you headed back to Macy's yet you seem to be all freaked out about this; why?

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Of course she didn't. She was afraid and had a stomachache! Why else would she be asking this question? :)

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Quoting Who'sThatGuy

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Of course she didn't. She was afraid and had a stomachache! Why else would she be asking this question? :)

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Op claims to have returned the merchandise.

The problem op faces is even if she returned the merchandise, a video of her stealing could result in charges. Op could argue she returned the stuff. She best hope the same camera system saw her returning the merchandise.

Even if the video shows her taking the item from the store, which is what one would expect, it should also show her later returning to the store with the item and likely also placing the item back on the rack. So if she's accused based upon the earlier video, she can ask that they review the subsequent video.

If she took the same psth

if she did not conceal the items when returning


if she.....

realistically the chances of being caught stealing due to the possible (nobody even knows if there is video) is somewhere between slim and none. Failing to catch a thief red handed, unless the theft is a high value item, they are not going to chase it. Now with facial recognition programs available and actually used by some retailers, should op return to the store who knows what will happen. If op is on a suspicious persons or apprehend on site list within the store, facial recognition systems could allow that to happen quite easily.

Stores that use video surveillance, which is pretty much a given for a major merchant at a shopping mall, have surveillance on their entryways. So it doesn't matter what door you use. If she hid the merchandise when coming back into the store, and managed to keep it completely concealed from the cameras after re-entering, then... yeah, the video wouldn't be helpful to her. But that's assuming a lot.

If we are going to be realistic about this, the store is not going to notice somebody bringing merchandise back in. They aren't really going to care so what would happen, if they did see the original theft, is they would sequester that recording (not the equipment but merely the recording of that event) while that recorder and every other recorder will continue to record, most likely recording over the walking in with the merchandise event. It won't get written over immediately but every day that goes by means a greater chance the exonerating evidence is destroyed.

Now put that together with the possibility of facial recognition software and we end up with a prosecution with good evidence and no video able to defend with.

It the store does not see the original theft, does not use facial recognition software, or simply does not happen to recognize the op should they return to the store, nothing is going to happen.