Caught Shoplifting at a U-Scan Scanner
My question involves criminal law for the state of: Michigan
In the 2nd week of May I went to Walmart with my friend and I was caught shoplifting by loss prevention. A lady and two large men took me in the back room and told me they had me on camera not scanning some items at uscan. I denied their claims (even though i knew they were true) out of fear. I know it was wrong to shoplift and then lie about it. I feel horrible. I was honestly just terrified. I'm 20 years old and I've never been in trouble before. The two guys were crowding me and blocking the exit and the lady was screaming at me. I know rationally they were probably just doing there jobs like they would with anyone else, but i was really intimidated and frightened. I have a panic disorder, an anxiety disorder, and PTSD. I easily get anxious and knew that i could have an attack or break at any moment. That's not an excuse or anything, i should have just been honest and not shoplifted in the first place. Im ashamed of myself and my actions, but it's the truth.
They asked for my state ID or license, but I didnt have that with me at the time. I had just grabbed my cash when i was leaving my house. All I had was my School ID (i had just taken an exam the day prior and needed that ID to take it), but it was in my car. They told me i was lying and the 3 of them continued to question me about why i didnt have a proper ID and that it was illegal to not have ID on me. Which i know it's not okay to drive without your license, but i didnt know you couldnt walk into a store without id?? is that true??
I offered to have them go with me to retrieve my School ID if they wanted that, or to look in my car if they did not believe me. They threatened to have the police come search my car, and at that point i just said ok because i couldnt give them something i did not have.
They didnt call the police though and just asked for my name, address, and social. After I gave them all of that info the lady had somehow found my facebook page on her computer and accused me of giving false info because my facebook name is different than the name i gave them. She threatened to call the police and have me arrested, again, for lying.
I then told her that I am transgender, and that was the reason my facebook name wasnt the same. My birth certificate still said my birth name (the one i gave them), and I was in the process of changing my identifications and stuff to the name on my facebook. I was humiliated and beyond uncomfortable at that point because i dont like to share that information with complete strangers, which i expressed to her. I guess that's karma though. All 3 of them got angry and asked why i had two different last names (my parents r not married and my mom's last name is my birth name, and my dad's last name is the one i like to go by) and questioned why i would change my name anyways. The guys were saying that me being transgender was a lie and didnt make sense. Although if u look at me its pretty clear. I also have a transgender pride tattoo. I then just broke down and told the lady that i was sorry and i was trying to cooperate with them. I again offered to get school id. I told them that the school ID would have my Facebook name on it because my school was cooperative and allowed me to go by my chosen name at school, but i could provide her with other forms of ID and anything else she may need that same day if she wanted. She told me she didnt want me to do that, but asked me to contact my friend that had accompanied me to the store and have her retrieve my school id. My friend got my id and brought it to them. Later she told me the guys were pestering her about my name and asking if i was really transgender and if there were other ID's in the car. She informed them i had no other ids and that i was trans. Im glad i told her beforehand.
The lady took a pic of me and the 4 items (about $30 worth). She had me sign papers which i really didnt even read. I feel like a complete idiot for not reading them. I offered to sign with both names or to write down both names so there wouldnt be any confusion. she told me to just pick one. so i signed the papers with the name on my birth certificate.
About a week and a half later i received a civil demand for $200 in the mail. I paid that about two or three days later. The same day that i payed it i received a letter in the mail from the city police department where the walmart was located saying that there was a warrant issued for my arrest. The letter stated i needed to come in during the weekday within a three hour time window to the police station and to go the front counter. I called the police department immediately and the guy i spoke with said he was looking at the report and that i needed to come in and talk to a detective.
To sum it up im confused and terrified. what should i do next? should i contact a lawyer before i go and meet with the detective?? should i remain silent during the interview with that detective? should i go into the police station at all? im so confused.
I have a clean record and i regret everything. i never want to do this ever again and dont want this to ruin my future. Please help.
thank u
Re: Should I Contact a Lawyer Im So Confused Please Help Asap
Quote:
Quoting
whatamess19
I have a panic disorder, an anxiety disorder, and PTSD. I easily get anxious and knew that i could have an attack or break at any moment. That's not an excuse or anything, i should have just been honest and not shoplifted in the first place.
If you have PTSD then shoplifting is not a good thing to do for your health. As you now know, getting caught is very stressful and can trigger your PTSD symptoms. Of course, the penalties that result from getting caught also make this a risk not worth taking.
Quote:
Quoting
whatamess19
Which i know it's not okay to drive without your license, but i didnt know you couldnt walk into a store without id?? is that true??
It is not true. Either the LP people didn’t know that and assumed (as some people do) that some law requires us to have ID on us all the time, or they lied to you thinking you were lying to them and were hoping to scare you into producing an ID that you had hidden on you somewhere.
Quote:
Quoting
whatamess19
I then told her that I am transgender, and that was the reason my facebook name wasnt the same. My birth certificate still said my birth name (the one i gave them), and I was in the process of changing my identifications and stuff to the name on my facebook. I was humiliated and beyond uncomfortable at that point because i dont like to share that information with complete strangers, which i expressed to her. I guess that's karma though.
Well, you should have told them that you use a different name socially because of your transgender situation upfront if you use the new name on social media because, as you found out, when they found it on their own it looked to them like you were lying about your name. That certainly doesn’t help things, not that you could have known for sure that was going to happen. Not having your ID with you, though, certainly allowed them to think you were lying about your name to escape the consequences of the shoplifting since they had nothing to verify what you were telling them. Understand that when it comes to shoplifters, the starting presumption that LP has is that shoplifters lie, so anything that makes you look like a liar reinforces that presumption.
Quote:
Quoting
whatamess19
The same day that i payed it i received a letter in the mail from the city police department where the walmart was located saying that there was a warrant issued for my arrest. The letter stated i needed to come in during the weekday within a three hour time window to the police station and to go the front counter. I called the police department immediately and the guy i spoke with said he was looking at the report and that i needed to come in and talk to a detective.
To sum it up im confused and terrified. what should i do next? should i contact a lawyer before i go and meet with the detective?? should i remain silent during the interview with that detective? should i go into the police station at all? im so confused.
The best thing to do, if you can afford to do it, is consult a lawyer before you do anything else about this. When you go to the police, they are likely to book you on theft charges and interview you to try to get you to incriminate yourself on the shoplifting charges. You likely signed a confession at the store (but you should have read it before you signed it to know what it was that you were signing) so it may not matter much if the police do not get a confession from you. Still, it’s not a good idea to talk to the cops about this without a lawyer present. At this point, you likely can’t help yourself much by talking to them, but you might hurt your situation. With the warrant out, if you do get stopped by the police (e.g. traffic stop or whatever) they will arrest you on the outstanding warrant and take you in to get booked, etc. That might happen at a very bad time, so you don’t want to just ignore the warrant. But nothing says that the 3 hour time the cops gave you is your only option to come in and deal with the warrant. The attorney you consult can help you with the warrant problem.
This isn’t something that will ruin your entire life. But if you are convicted on the theft charges, it will make things more difficult for you, at least for awhile. In addition to the penalty for the shoplifting itself, it can make getting employment harder, might disqualify you from certain jobs altogether, might result in applications for professional licenses being denied, and if you are not a citizen it could put your immigration status at risk.
Re: Should I Contact a Lawyer Im So Confused Please Help Asap
thank you for your responses.
You are 1000% right about the PTSD triggers. I felt like an idiot at the time and now still; i regret it.
I understand how they could think or assume i was lying to them about my name, but i didn't see the need to out myself and say i use an alternate name at the time as that's a stressful situation on its own. I know they were just doing their job and trying to be thorough.
I really wish i would have read what i signed, but i figured it was a confession afterwards. I didn't think it was a good idea to talk to them as i was worried about self incrimination and making things worse. I'm going to consult with a lawyer and have them help me. should i still go in on my own ???
Re: Should I Contact a Lawyer Im So Confused Please Help Asap
Quote:
Quoting
whatamess19
I'm going to consult with a lawyer and have them help me. should i still go in on my own ???
You may certainly see the lawyer on your own, and you should since having someone else attend with you might result in a waiver of attorney-client privilege and confidentiality. But if you are asking about going in and talking with the cops, I suggest you talk with the lawyer first and get his/her advice on dealing with the police. Going in to talk to the police before you talk to your lawyer is probably not a great idea.