Price Switching Without Intent

I recently visited a large home improvement chain to purchase some residential electrical wire. When I found the correct size, I noticed it was the last one on the shelf. Also, the packaging, plastic stretch wrap, was partially damaged. Approxiamately one foot away was a piece of plastic with a barcode and labeling which seemed to match. I picked up both the packaged wire and the plastic labelling nearby and placed them into my basket. After picking up a couple peices of wood, I proceeded to the checkout and paid for the items. As soon as I walked passed the registers about five feet away from the exit doors I was interrupted by a young man who asked me to stop. When I asked, "What's this about?" He said, "I think you know." He grabbed me by the arm and told me that I needed to come with him. I obliged and went to his office in the back of the store. He asked me if I had any weapons, searched my body and took out my wallet, keys, etc. He then explained that he saw me switch the price tags and pay the wrong price for the wire. After completing a report on a computer, he called the police and I was given a citation.

I have already contacted a criminal law attorney and made an appointment. Why am I here? I was wondering what I should expect?

Q: I have already contacted a criminal law attorney and made an appointment. Why am I here? I was wondering what I should expect?

A: You must realize that this is one of the oldest stories in the shoplifting world. I doubt that you can get anyone to believe it.

We can only speculate your Attorney can research things (through discovery) and better answer your question. It appears as price you paid is lower than actual price and there is an "assumption" you put lower price on it intentionally. Your "intent" cannot be proved. Now if lower price was so low it was silly that works againist you. Discuss this with your Attorney and formulate a defense or plea arrangement

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Quoting seniorjudge

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Q: I have already contacted a criminal law attorney and made an appointment. Why am I here? I was wondering what I should expect?

A: You must realize that this is one of the oldest stories in the shoplifting world. I doubt that you can get anyone to believe it.

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I'm not surprised. I'm sure every story imaginable has been used.

The most irritating part of my situation is that if the LP guy suspected I had the wrong price tag, then why did he allow me to pay that price, saying nothing until after the fact. I'm sure that if the price tag indicated a price higher than the actual price, there wouldn't be a problem.
No need for a response, this is mostly rhetorical.

I know, I know, just talk to my attorney and see what can be done. Sorry for coming across as bitter, but what exactly is this forum good for?

Telling you the price was incorrect and refusing the sale was an option but they were not legally bound to do so.

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Quoting coryjp75

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I'm not surprised. I'm sure every story imaginable has been used.

The most irritating part of my situation is that if the LP guy suspected I had the wrong price tag, then why did he allow me to pay that price, saying nothing until after the fact. I'm sure that if the price tag indicated a price higher than the actual price, there wouldn't be a problem.
No need for a response, this is mostly rhetorical.

I know, I know, just talk to my attorney and see what can be done. Sorry for coming across as bitter, but what exactly is this forum good for?

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we're missing some information, for one, how much did you end up paying for whatever it was, and how much were you suppose to pay? I could stop everyone i see open up a package and give them the package to pay for the item before they leave the store, thats not doing much for the LP department is it?
i find it hard to believe the LP called the police if it was only a few dollars, you have had to save like 40+ dollars from the original pricce

I appreciate your responses.

I paid $40, the price was actually $185. Since I still needed the item, I later went to the "other" home improvement store and purchased the item in question. Will this have any effect on my case? The LP guy insisted I just didn't want to pay the price, but as I've said before, that wasn't my intent.

You paid $40.00 for a nearly $200.00 item and didnt think that odd!?

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Quoting panther10758

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You paid $40.00 for a nearly $200.00 item and didnt think that odd!?

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It was electrical wire, not a power tool! So, no, I didn't think it was odd.

Ok but from my view I see why they thought this was intentional.

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Quoting panther10758

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Ok but from my view I see why they thought this was intentional.

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Understood. In retrospect, I understand why they did as well. Without a doubt, I should have just asked for a price check instead of assuming. I'm not trying to come off as a victim and I realize the seriousness of my poor decision. Nevertheless, I think criminal charges are a bit severe and think they should be dropped/dismissed. Do you believe this is possible?

Possible yes but who knows. Your action intentional or not was a crime and you can be successfully prosecuted for it.

My understanding is that when a "not guilty" plea is presented to the judge, typically a hearing will be scheduled. What should I expect?

To face your charges and either defend them (with or without Attorney) or enter into a plea deal!

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Quoting coryjp75

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........He then explained that he saw me switch the price tags and pay the wrong price for the wire.......

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You may want to get a real good lawyer. The rest of your 'whitewash' pretty much comes undone with this tantalizing tidbit.........

I'd have to agree, if that's part of the LP's statement to the police you're pretty much hosed.

the one thing I noticed is that although you say the packaging was damaged, you do not state the packaging or the pricing or UPC code was missing.

If there was a price code still on the package but unreadable, you may be able to claim your defense. If you had removed any identifying labeling (don;t forget, apparently the LP folks watched your actions), you are screwed.

I have purchased a damaged package item before and taken a bar code I believed to be the correct one to the counter. When I did so, I also informed the cashier that I believed the bar code I handed them to be correct. In todays worls of electronic registers, it can almost always be confirmed since the code brings up not only a price but a description of the merchandise associated with that bar code.

If the merchandise did not match the code, then the cashier would do a price check to obtain the correct price. You should have noticed that the merchandise asssociated with the bar code you presented did not match the merchandise you were actually purchasing.

I suspect this was an intentional act and not the mistake you claim it to be but what I think is irrelevent, it;s the judge and/or the jury you need to convince.

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Quoting coryjp75

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My understanding is that when a "not guilty" plea is presented to the judge, typically a hearing will be scheduled. What should I expect?

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it will be a bench trail were you will get up in front of the judge and pled your case. THen the LP and the police officer that came will also get to do the same thing. And if the LP is smart and has video that shows you had done so knowing you where doing this(i.e. looking around,taking off a price tag, etc) then you are screwed. But if you never did no such thing it comes down to you being able to prove your side. the judge will then make his/her decision and if you are found guility he/she will give you any of the following" jail time, a fine, community service, etc.

also i don't believe you.. your story is full of holes and i am telling you this because if you really did not do it on purpuse the judge is going to see the same holes. 1) you seem to have worked with this wire before and would have known it was not even close to $40.00 but you said nothing. 2) you never say if you stuck that bar code on the item or you just took the wire with a piece of plastic wrap with a bar code and told the caisher you think it is for this item. 3) you never told the cashier before she rang the item that you are not sure if it is the correct barcode for it. And by the way the LP will more then likley have video of all this.

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Quoting coryjp75

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My understanding is that when a "not guilty" plea is presented to the judge, typically a hearing will be scheduled. What should I expect?

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You should "expect" not to stick with the story you been trying to pass off here.