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Accused of Shoplifting at a Self-Checkout

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  • 01-26-2016, 10:55 AM
    BNC
    Accused of Shoplifting at a Self-Checkout
    My question involves criminal law for the state of: MS

    On Friday afternoon I went to Walmart, bought a couple of weeks worth of groceries at the self-checkout, and, it turns out, left ~$29 of assorted food-stuffs (see list below) unpaid for in the cart. Very soon after moving on toward the store entrance I was stopped by a very hostile man in street clothes who asked for my receipt and then my license, but never did identify himself. The short version is that I spent roughly the next hour in a secluded back room of the store with this man, during which time he seemed to be trying to intimidate me into saying that I had intentionally overlooked the items in question. I was increasingly suspicious about the legality of what was happening, and eventually asked that a law enforcement officer be present. The officer did arrive, and ultimately handed me a ticket with a court date on it, and the words SHOPLIFTING (M).

    Both during and after the event I've had to grapple with my complete ignorance of the legalities of all of this. I guess it's of no import now what all I should or shouldn't have done/said while sequestered in that back room, but I need to figure out what next. Do I simply show up on the court date and explain my innocence, or will I likely just be met with the same hostility and presumption of guilt I got at Walmart? Am I correct that this whole thing could turn into a criminal record?

    If it matters, I'm currently 38 years old, in Graduate School, and my criminal record so far consists of one time not wearing my seatbelt (~5yrs ago), and once driving with a broken tail light (~10yrs ago). I've been shopping at that same store for 6 or 7 years now.

    Thanks in advance for your help.

    (The List mentioned above):
    5 lbs. Ground Beef
    2 Sticks of Butter
    1 Small pack of paper bowls
    1 Small pack of plastic spoons
    1 Shaker of Dill (the seasoning)
  • 01-26-2016, 11:10 AM
    flyingron
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    Nothing illegal here (at least not on Walmart's part). They're allowed to detain shoplifters while they await the arrival of the police. Now that you have been cited, it's really out of Walmart's hands. It is society that is harmed by your criminal activity and it is the state that prosecutes you. You need a lawyer.

    You can count on receiving a letter from Walmart's "lawyers" making a civil demand for the damages you have caused them.
  • 01-26-2016, 12:40 PM
    Pringle
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    How exactly do you leave that amount of items inside your cart 'accidentally'? People normally go to the self checkout when they have a few odds and ends to buy and speed through. But you were buying a couple weeks of groceries? I would be suspicious as well.
  • 01-26-2016, 12:50 PM
    jk
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    Quote:

    Quoting Pringle
    View Post
    How exactly do you leave that amount of items inside your cart 'accidentally'? People normally go to the self checkout when they have a few odds and ends to buy and speed through. But you were buying a couple weeks of groceries? I would be suspicious as well.

    a 5 pound package of hamburger. I suspect, given it is walmart, it was one of these:

    http://ll-us-i5.wal.co/dfw/dce07b8c-...im-180x180.jpg

    that's a pretty big item to not realize has not been processed.

    as to 2 sticks of butter: didn't know they sold "sticks" of butter. half pound box, yes, separate sticks, no. That alone would throw up a red flag.


    there was simply too much to argue; I didn't see it.


    additionally, when using a self scanner, you have to put the checked items on a scale. If you remove them before paying you have to have an attendant come over and unlock the scanner so you can continue checking out. If OP did this and was putting bags into their cart, that is an red flag for the attendant to watch that person since so manner people use the "oh, I didn't see it under [whatever]" in an attempt to avoid prosecution


    but a 5 pound roll of burger? Sorry but there wasn't any place for that to hide.


    additionally it is a given there are cameras watching each scanner. The video is likely to be very telling.


    but as to using the self checkout with a lot of items; it seems our local walmart closes the registers except for the self check after about 10 pm. If you have 12 carts of groceries, you get to use the self check. PITA.
  • 01-26-2016, 12:57 PM
    tc498
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    You need an excellent lawyer,you don't want to be looking for a job with a criminal record. It's not as simple as going,it's was a misunderstanding. Hopefully the lawyer could do that,legally you are still wrong.
  • 01-26-2016, 01:08 PM
    jk
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    Quote:

    Quoting tc498
    View Post
    You need an excellent lawyer,you don't want to be looking for a job with a criminal record. It's not as simple as going,it's was a misunderstanding. Hopefully the lawyer could do that,legally you are still wrong.

    did you ever hear OP state it was a misunderstanding? I don't think a court in the word would accept that given the bulk of the items taken.
  • 01-26-2016, 02:28 PM
    Ohiogal
    Re: Accused of Shoplifiting at a Self-Checkout
    Quote:

    Quoting BNC
    View Post
    My question involves criminal law for the state of: MS

    On Friday afternoon I went to Walmart, bought a couple of weeks worth of groceries at the self-checkout, and, it turns out, left ~$29 of assorted food-stuffs (see list below) unpaid for in the cart. Very soon after moving on toward the store entrance I was stopped by a very hostile man in street clothes who asked for my receipt and then my license, but never did identify himself. The short version is that I spent roughly the next hour in a secluded back room of the store with this man, during which time he seemed to be trying to intimidate me into saying that I had intentionally overlooked the items in question. I was increasingly suspicious about the legality of what was happening, and eventually asked that a law enforcement officer be present. The officer did arrive, and ultimately handed me a ticket with a court date on it, and the words SHOPLIFTING (M).

    Both during and after the event I've had to grapple with my complete ignorance of the legalities of all of this. I guess it's of no import now what all I should or shouldn't have done/said while sequestered in that back room, but I need to figure out what next. Do I simply show up on the court date and explain my innocence, or will I likely just be met with the same hostility and presumption of guilt I got at Walmart? Am I correct that this whole thing could turn into a criminal record?

    If it matters, I'm currently 38 years old, in Graduate School, and my criminal record so far consists of one time not wearing my seatbelt (~5yrs ago), and once driving with a broken tail light (~10yrs ago). I've been shopping at that same store for 6 or 7 years now.

    Thanks in advance for your help.

    (The List mentioned above):
    5 lbs. Ground Beef
    2 Sticks of Butter
    1 Small pack of paper bowls
    1 Small pack of plastic spoons
    1 Shaker of Dill (the seasoning)

    You "forgot" to pay for that? Nope. You are a thief quite frankly. Don't care about your background. You are a thief. How do you forget about FIVE POUNDS OF GROUND BEEF? Oh you didn't until you were stopped.
  • 01-26-2016, 02:50 PM
    BooRennie
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    Quote:

    Quoting jk
    View Post
    a 5 pound package of hamburger. I suspect, given it is walmart, it was one of these:

    http://ll-us-i5.wal.co/dfw/dce07b8c-...im-180x180.jpg

    that's a pretty big item to not realize has not been processed.

    as to 2 sticks of butter: didn't know they sold "sticks" of butter. half pound box, yes, separate sticks, no. That alone would throw up a red flag.


    there was simply too much to argue; I didn't see it.


    additionally, when using a self scanner, you have to put the checked items on a scale. If you remove them before paying you have to have an attendant come over and unlock the scanner so you can continue checking out. If OP did this and was putting bags into their cart, that is an red flag for the attendant to watch that person since so manner people use the "oh, I didn't see it under [whatever]" in an attempt to avoid prosecution


    but a 5 pound roll of burger? Sorry but there wasn't any place for that to hide.


    additionally it is a given there are cameras watching each scanner. The video is likely to be very telling.


    but as to using the self checkout with a lot of items; it seems our local walmart closes the registers except for the self check after about 10 pm. If you have 12 carts of groceries, you get to use the self check. PITA.

    Actually, Kerrygold has butter that is available in 8oz 'stick'. Not boxed, just wrapped in foil. I think there are now other brands that are doing the same thing.
  • 01-26-2016, 02:59 PM
    cbg
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    Yes, I agree; I've seen butter sold in sticks up here.

    However, I also agree that there was too much listed for "I didn't notice" to be believable.
  • 01-26-2016, 03:02 PM
    jk
    Re: What to Do if Accused of Shoplifiting at Walmart Selfcheckout
    Quote:

    Quoting BooRennie
    View Post
    Actually, Kerrygold has butter that is available in 8oz 'stick'. Not boxed, just wrapped in foil. I think there are now other brands that are doing the same thing.

    ok, so they do. That was simply a statement of something, if present, would raise a flag.

    but unless your walmart sells burger in little bitty packages of less than an ounce each, there really is no defense to;

    whoops, didn't see that 5 pounds of burger.

    that is a big package or a lot of small ones..
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