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Theft Charge for Returning an Item That Was Pulled Off of a Store Shelf

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  • 02-08-2016, 09:47 AM
    kdr74
    Theft Charge for Returning an Item That Was Pulled Off of a Store Shelf
    My question involves criminal law for the state of: Pennsylvania.

    This is for a friend. She intended to return or maybe exchange an item in one of the large discount box stores, but she accidentally ended up pulling that item off the shelf to compare it with another similar item and then not thinking she just went to customer service and successfully returned that item to the store for a refund (she had a receipt for the original item). She did this all while she still had the original item she actually owned in the car. She honestly just got confused and wasn't thinking because she was in a hurry and had multiple items to return. I know it sounds insane, but true. Anyway, neither security nor the manager tried to stop her, they just let her leave the store and never said anything. About a week later she received a call from the police saying they had footage of her committing retail fraud. She of course had no idea what they were talking about because at this point she still didn't realize that she had the original merchandise in her car. She was totally thinking at this point that she had returned the merchandise and everything was fine. So, my question is, how much trouble could she be in for what was an honest mistake? The police will not communicate with her about what they plan on doing. They said that they need to still watch the entire security footage before they do anything. So basically she is just sitting and waiting, with the merchandise that she finally realized she still had. She has never been in trouble before... barely even a traffic ticket. What are her options?
  • 02-08-2016, 09:56 AM
    cbg
    Re: How Much Trouble Am I Really in for Accidental Retail Fraud
    She went to the store for the purpose of returning something but she left it in the car while she went in to compare it to something else.

    Come on now. When you go to the store to return something you don't leave it in the car.
  • 02-08-2016, 10:06 AM
    tc498
    Re: How Much Trouble Am I Really in for Accidental Retail Fraud
    All you can really do,is keep quiet and hope they don't bother to prosecute,maybe the camera or something isn't that clear. If arrested,say nothing without a lawyer. It might consider calling a lawyer up,some of them offer a free phone consultation.
  • 02-08-2016, 12:23 PM
    adjusterjack
    Re: How Much Trouble Am I Really in for Accidental Retail Fraud
    Quote:

    Quoting cbg
    View Post
    She went to the store for the purpose of returning something but she left it in the car while she went in to compare it to something else.

    Come on now. When you go to the store to return something you don't leave it in the car.

    Ditto.

    We are of the same mind today. :friendly_wink:
  • 02-08-2016, 12:26 PM
    cbg
    Re: How Much Trouble Am I Really in for Accidental Retail Fraud
    It does happen on occasion. :)
  • 02-08-2016, 12:40 PM
    eerelations
    Re: How Much Trouble Am I Really in for Accidental Retail Fraud
    Quote:

    Quoting cbg
    View Post
    She went to the store for the purpose of returning something but she left it in the car while she went in to compare it to something else.

    Come on now. When you go to the store to return something you don't leave it in the car.

    Like button.
  • 02-08-2016, 12:47 PM
    budwad
    Re: Theft Charge for Returning an Item That Was Pulled Off of a Store Shelf
    Quote:

    Quoting kdr74
    View Post
    My question involves criminal law for the state of: Pennsylvania.

    This is for a friend. She intended to return or maybe exchange an item in one of the large discount box stores, but she accidentally ended up pulling that item off the shelf to compare it with another similar item and then not thinking she just went to customer service and successfully returned that item to the store for a refund (she had a receipt for the original item). She did this all while she still had the original item she actually owned in the car. She honestly just got confused and wasn't thinking because she was in a hurry and had multiple items to return. I know it sounds insane, but true. Anyway, neither security nor the manager tried to stop her, they just let her leave the store and never said anything. About a week later she received a call from the police saying they had footage of her committing retail fraud. She of course had no idea what they were talking about because at this point she still didn't realize that she had the original merchandise in her car. She was totally thinking at this point that she had returned the merchandise and everything was fine. So, my question is, how much trouble could she be in for what was an honest mistake? The police will not communicate with her about what they plan on doing. They said that they need to still watch the entire security footage before they do anything. So basically she is just sitting and waiting, with the merchandise that she finally realized she still had. She has never been in trouble before... barely even a traffic ticket. What are her options?

    8.2,8.3,9.0,9.2 on creativity. Average score 8.675. Not bad.:highly_amused:
  • 02-08-2016, 12:52 PM
    comment/ator
    Re: How Much Trouble Am I Really in for Accidental Retail Fraud
    Quote -- "my question is, how much trouble could she be in for what was an honest mistake?" "She was totally thinking at this point that she had returned the merchandise and everything was fine." Bullhockey! This is a dreadful story. She needs to skip it and tell the exact truth without the excuses like "I was tired" "I was in a hurry" "I had several items to return." They just make the story seem worse.
    A chat with an attorney is definitely in the cards if she is further contacted by the store. They will tell her not to use any of these feeble excuses.
  • 02-08-2016, 01:26 PM
    Taxing Matters
    Re: Theft Charge for Returning an Item That Was Pulled Off of a Store Shelf
    What sentence she might if convicted get depends on the value of the item in question. What was the refund she got out of this?

    If her story is really true then she will pay a price for being very careless and totally clueless. But like the others here, I am not buying her story and I think any jury will also have a huge problem believing it. The story just doesn’t make sense. Why was she even looking at this same item on the shelf when she obviously didn’t want it since (according to her story) she wanted to return the one she already had for a refund? There would be no logical purpose to that. She doesn’t need to see one on the shelf. The only thing she needed to do was take the one she had to the return counter. But she left that in the car (or more likely at home), so returning that wasn’t her purpose in going in the store. Given that, the only reason it seems to me she would pick up the same item off the shelf that she supposedly did not want is to do what she is accused of doing: defrauding the store by “returning” the item she had just picked up off the shelf for a cash refund. She might have snowed you into buying it because you are her friend and want to believe her, but few others are really going to buy into this excuse.
  • 02-08-2016, 01:29 PM
    flyingron
    Re: Theft Charge for Returning an Item That Was Pulled Off of a Store Shelf
    She left the item in the car but she had the receipt to show the return desk :)
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