Accused of Shoplifting Lingerie

I was charged with shoplifting in VA. I had a nightgown and bra in my purse WHEN IN ENTERED the store (Walmart). I had took them with me to find underwear to match the color. The garments were new, I had bought them the week before at a different Walmart.....the one I work at. While in the store I removed the garments from my purse so I could match colors, I did then remove the tags from these garments and lay them down....why, stupid I guess. I also had socks in my shopping cart, so when I could find no matching underwear I put the things back in my purse.....but I accidently put the socks too. I guess I was caught on tape, which if they would watch closely they could see me removing the items from my purse to start with. When I got outside I was stopped and asked to come inside and remove the items from my purse. I tried to tell them that the items were items I brought into the store....then they mentioned the socks.....I had forgot about the socks and I knew then just to forget about trying to explain. I did take the socks, but it was an accident. I was then charged with shoplifting $43.00....they counted everything.....even the items I went into the store with. I have never been charged with anything in my life....especially shoplifting.....like I said I work at Walmart....at least for now, and I see how shoplifters cost us our bonus every year. I have an appointment Monday to see a lawyer (if I need one), and then a court date in Nov. I just need to know: Do I need a lawyer? Do I just go along with the charges, they didn't believe me about the items being in my purse to begin with? What is going to happen to me if I do go along with the charges? :o

Your dead in the water on the socks and the dollar value minus th eother items isnt going to change the charge. You should consult with a criminal defense Attorney and discuss your options far as your job at Walmart I would expect it gone

Okay, so it doesn't make any difference about the socks, that I mistakenly put in my purse and the total price of all the items, which were mine to begin with. Now, do I just plead guilty and face the charges? What can I expect as to the punishment? I have never faced anything like this before.

You should consult an attorney to find out the answers to your questions.

The next time you take something into the store to match it put it in a separate bag from home and take the receipt. That way there won't be a question about when and where you purchased the item.

A few points:

#1. If your mental faculties are lacking to the degree that you can't visit a store without "accidentally" defrauding it of merchandise, I'd venture to guess you have much bigger problems to deal with than a misdemeanor conviction for retail fraud.

#2. As you can probably imagine, expecting anyone to believe that you brought previously purchased items into the store (that happened to be from the same retailer), removed the price tags (that you didn't remove after you initially purchased the items, for some reason), and ditched the tags somewhere in the store (for whatever reason) is a bit of a stretch.

#3. Should you "go along with the charges"? You admit to concealing unpaid merchandise (the socks) and exiting the store. Though I'm not familiar with VA's laws, this constitutes what I would imagine pretty much every state would define as 'retail fraud'. The discrepancy in value between the socks, and the socks + the lingerie (if you continue to maintain that you did not steal the lingerie) will likely be a non-issue for matters in criminal court.

#4. No loss prevention officer worth anything would include merchandise in a retail fraud charge that s/he could not verify with absolute certainty was unpaid merchandise from the store. This means that the LP either:

-personally witnessed you select said lingerie from the store's shelves

-reviewed surveillance video after the items were found in your purse, confirming the lingerie was from the store, or

-is an unethical hack that should probably be disciplined or fired

Considering that Wal-mart stores typically boast some very sophisticated CCTV hardware, it should have been very apparent after reviewing the incident on video where the lingerie came from. They will have the video as evidence. Keep this in mind.

Unlike most retailers Walmart uses a 4 step arrest policy instead of the standard 5 or 6 step arrest policy. Its possible (without knowing the 4 steps they use. that the Walmart Lp still had all four of his steps.

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Quoting panther10758

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Unlike most retailers Walmart uses a 4 step arrst policy instead of the standard 5 or 6 step arrest policy. Its possible (without knowing the 4 steps they use. that the Walmart Lp still had all four of his steps.

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Very true. It's within the realm of possibility that the LP could have mistaken the original poster picking up the lingerie (shortly after removing it from her purse and setting it down) as 'selection' from the store's shelves.

However, I would hope that if any question at all was raised about the status of the lingerie (no matter how contrived or unbelievable), the LP would have verified the origin of the merchandise by reviewing CCTV video. To not do so would be very bad form.

Total agreement but Walmart is not known for its LP expertise. Your statements also carry validity as to why this merchandise had tags etc. However regardless the dollar difference will not change the charges. OP should be consulting a criminal defense Attorney and discuss options. by the way the "accident" defense will not wash!

The very few times that I have actually had to return or exchange something at walmart, I was virtually attacked at the entrance by the door greeter with those little stickers that they put on items you bring into the store. Seeing how you already work for walmart, you would know this and automatically get your sticker at the door.

I smell BS.

I have an appointment Monday to speak with a lawyer....but I'm scared out of my mind. I've had to go get on depression pills to help me get through this. Am I going to go to jail for this? I have 2 kids at home who need me.....this is driving me crazy. Can anyone tell me if I'm likely going to spend time in jail? My first offense....no record what so ever.....the items were totaled at $43.00. Please help!!

What city in VA were you caught? If you don't feel comfortable, give a region of VA.

You should be fine.

In Galax, VA. I'm so scared of going to jail......I can't handle this pressure.

A first offense midemeanor shoplfit very rarely carries any jail time.

Call the courts and see what the clerk has to say about common shoplifting penalties.

Don't be getting depressed and all, you will be fine. This may seem like the end of the world, but you will be able to move on...

one...

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Quoting ididn'tdoit

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I have an appointment Monday to speak with a lawyer....but I'm scared out of my mind. I've had to go get on depression pills to help me get through this. Am I going to go to jail for this? I have 2 kids at home who need me.....this is driving me crazy. Can anyone tell me if I'm likely going to spend time in jail? My first offense....no record what so ever.....the items were totaled at $43.00. Please help!!

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I would suggest you be totally honest with your attorney. The story you're telling here is bizarre. Your lawyer can help you best if you tell him the truth and let him advise you accordingly.

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Virginia

§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.


Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

§ 8.01-44.4. Action for shoplifting and employee theft.


A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.


B. A merchant may recover a civil judgment against any person who commits employee theft for two times the actual cost of the merchandise to the merchant, but in no event an amount less than fifty dollars. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.


C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.


D. A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section if any criminal action has been initiated against the perpetrator for the alleged offense under §§ 18.2-95, 18.2-96, 18.2-102.1, or § 18.2-103 or any other criminal offense defined under subsection F. However, nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under §§ 18.2-95, 18.2-96, 18.2-102.1 or § 18.2-103 or any other criminal offense defined under subsection F.


E. Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.


F. For purposes of this section:


"Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own use without full payment.


"Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.
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My husband and I were wanting to get our home refinanced.....is this charge going to show up with a financial report, even before I go to court? Could this keep us from getting our refinance? Anyone with any info is greatly appreciated.

Thanks to the 'computer age', lots of information is readily available to lenders and they seem interested in most of it. That information could certainly affect your ability to get the loan or it might affect the interest rate that you'd pay.....but.....I don't think there's much chance it will be available until after you've been to court so you might want to plan accordingly.