Hi, I was shopping at a local groc. store, and selected a bottle of asprin along with my other food items... When I got to the registers I placed the items on the conveyor belt and was told by the clerk that I could not purchase non-food items with a foodstamp card.. I asked her to hold the things until I ran out to the car to get cash... which I then proceed to do, however on the way I stopped off at the bathroom... without realizing that I still had the bottle of asprin in my hand... Store security then entered the bathroom and arrested me for shoplifting. The asprin were found on the t.p. dispenser next to the toilet.. They WERE NOT concealed as I had no intention of leaving without paying... To make matters worse I am currently on Parole (expiration in Nov) court date for this charge in DEC. Should I plead not guilty? I never approached the exit, and I didn't show intent by concealing the item... Once I realized I still had them in my hand I sat them down on the dispenser in order to continue my bathroom visit, at which point I would have returned them to the clerk to hold for me while I went to get cash.. Security stated that ordinarily he would have waited till I reached the exit but didn't.. STATE OF NEVADA....:wallbang::wallbang:
Shoplifting Charge While On Parole, in Nevada
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10-21-2007, 11:53 AMJohnhillShoplifting Charge While On Parole, in Nevada
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10-21-2007, 12:09 PMpanther10758Re: Shoplifting Charge While On Parole, in Nevada
You need to find a criminal defense Attorney right away. You do not have to exit store always to be shoplifting. If you pass last point of sale its often enough. Your intent cannot be proved and fact your a parolee doesnt help much for credibility.
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10-21-2007, 12:10 PMpanther10758Re: Shoplifting Charge While On Parole, in Nevada
Here is NV shoplifting laws
Nevada
NRS 597.850 Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.
1. As used in this section and in NRS 597.860 and 597.870:
(a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.
(c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.
NRS 597.860 Shoplifting: Civil liability of adult who steals merchandise from or damages property on merchant's premises.
1. An adult who steals merchandise from, or damages property on, a merchant's premises is civilly liable for the retail value of the merchandise or the fair market value of the other property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney's fees. An action may be brought even if there has been no criminal conviction for the theft or damage.
2. An action under this section may be brought as a small claim in a justice's court if the total amount sought does not exceed the statutory limit for such a claim.
NRS 597.870 Shoplifting: Civil liability of parent or guardian of minor who steals merchandise from or damages property on merchant's premises.
1. The parent or legal guardian, as the case may be, of a minor who steals merchandise from, or damages property on, a merchant's premises is civilly liable for:
(a) The retail value of the merchandise; and
(b) The fair market value of the damaged property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney's fees. An action may be brought even if there has been no criminal conviction for the theft or damage. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.
2. An action under this section may be brought as a small claim in a justice's court if the total amount sought does not exceed the statutory limit for such a claim. -
10-21-2007, 12:31 PMMr. KnowitallRe: Shoplifting Charge While On Parole, in NevadaWhy were they found there, if you weren't stealing them and intended to take them out of the bathroom and pay for them?Quote:
Quoting Johnhill
Get help from a lawyer. Even if you are acquitted of the new charge it may be enough to support a probation violation.Quote:
Quoting Johnhill
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10-21-2007, 12:36 PMJohnhillRe: Shoplifting Charge While On Parole, in Nevada
I have read all the NRS statutes... I'm still a little unsure of how they should be interpreted. As stated, I didn't conceal anything, nor leave the store.... As for passing the last point of sale? that's debatable.. the bathrooms are at the front of the store, as are the checkouts... To get to the bathrooms, as I recall, I had to walk away and past the front entrance to the store... As far as obtaining an attorney.. I will only be able to go with a public defender... I can in no way afford a private attorney... I was hoping that my best 'hope' lies in the fact that at no time was any merchandise found secreted on my person... The aspririn were found as I stated, sitting on the toilet paper dispenser right beside me, where I was literally caught with my pants down doing my business... (the LP guy literally kicked in the stall door! ) Please, according to your interpretation of the NRS... what might YOUR opinion of my "guilt" be... I couldn't really ascertain by reading nrs 5?? whether or not I would be required to actually attempt to exit the store before being charged... I am recently moved here from California, (I think that there you must actually attempt to leave the store..) Yes, my being a parole will definately hurt my credibility... I am very worried about all this... Please, if you would be willing to put any extra thought power to my situation and offer my any advice you might have, on what to expect... I'd be very appreciative... other that the standard "contact a lawyer" Thank you so very much for your input and time....
John, -
10-21-2007, 12:44 PMJohnhillRe: Shoplifting Charge While On Parole, in Nevada
Mr.KNOWITALL...
In reply to your question... "why were they found there..." I entered the bathroom, went into the stall... noticed I still had the aspirin in my hand, sat them on the dispenser, dropped my pants and sat down to use the restroom.... the LP guy kicked in the stall door while I was in the middle of using the restroom... He looked at me... and then saw the aspirin sitting on the toilet paper dispenser... he then threated to mace me as he ordered me to come out of the stall and put my hands behind my back while he cuffed me.. he then went into the stall himself and retrieved the aspirin...
Hope that clears up any misunderstanding... Again, never did I 'conceal' anything....
also curious, if my parole expires next month, and the courtdate isn't until the month after.. might there be a chance that parole won't hear about this incident? Even if I had to plead no contest to this... it is a misdemeanor right, so I'd not like to violate my parole which could cost me real time... god, what a day... thanks for your input
john, -
10-21-2007, 12:45 PMpanther10758Re: Shoplifting Charge While On Parole, in Nevada
I can tell you that you can strong reason to believ eyou stole and LP acted on your actions. People dont take merchandise they intend to buy to restroom! the standar see an Attorney is wise reply. Scroll down to bottom of page read the disclaimer!
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10-21-2007, 12:54 PMpanther10758Re: Shoplifting Charge While On Parole, in NevadaYour PO is likely to hear of arrest. I find some doubt with your story though. No LP program that I know of allows weapons (mace) also if they did kick in door file a complaint with corporate office it wont help your case but it willprevent further wrong actions. You took an item (you didnt have a means to pay for) into the bathroom. Now as I said restrooms are frequent locations for concealment and inmany states the action of taking merch into restroom alone was a crime. You need to find a criminal defense Attorney right away!Quote:
Quoting Johnhill
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10-23-2007, 12:54 PMJohnhillRe: Shoplifting Charge While On Parole, in Nevada
Still completely stressed over this whole thing... Is there anybody who might be able to give me some insight on exactly how nevada laws will pertain to this incident? I read the NRS 597.850 but does that mean that a crime takes place at the moment of 'concealment' as it does in some other states? Will the fact that at no time was the aspirin found to be concealed on my person do anything to help my situation? I've been so stressed over this you just don't know... any help is appreciated..
john, -
10-23-2007, 01:02 PMpanther10758Re: Shoplifting Charge While On Parole, in Nevada
Taking into the bathroom was concealment.
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10-23-2007, 01:19 PMJohnhillRe: Shoplifting Charge While On Parole, in Nevada
Panther, thanks again for your interest in my dilemna... but I still am uncertain as to how the law in Nevada is interpreted... does the crime take place at the moment of concealment, or at the moment of exit from the store...? as per the NRS statutes...?
john, -
10-23-2007, 01:22 PMpanther10758Re: Shoplifting Charge While On Parole, in Nevada
Concealment may not even be the issue. You past the last point of sale and that alone could be enough. I have not seen NV laws on this so I cannot say. However as you have been told you need to consult an criminal defense Attorney
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10-23-2007, 01:36 PMpanther10758Re: Shoplifting Charge While On Parole, in Nevada
This paragraph may contain your answer
Quote:
. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.
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10-28-2007, 05:00 AMSecurity ConsultantRe: Shoplifting Charge While On Parole, in NevadaApparently the LP that caught you is discussing your case here:http://forums.securityinfowatch.com/...ead.php?t=3900 Interesting :confused:Quote:
Quoting Johnhill
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10-28-2007, 05:17 AMSecurity ConsultantRe: Shoplifting Charge While On Parole, in NevadaHow was taking the merchandise into the bathroom concealment?Quote:
Quoting panther10758
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10-29-2007, 05:40 AMMr. KnowitallRe: Shoplifting Charge While On Parole, in Nevada
The missing element that could help this all make sense to me.... I just want to know if this was a really bad hangover, or (no offense) if you were under the influence of alcohol or some other substance which interfered with your judgment. You seem way too coherent here to be as forgetful and absent-minded as you were when this occurred, unless....
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10-31-2007, 04:42 AMSecurity ConsultantRe: Shoplifting Charge While On Parole, in NevadaJohnhill is actually the LP person. He's been yanking our chain. He's admitted this on another site.Quote:
Quoting Mr. Knowitall
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10-31-2007, 05:22 AMMr. KnowitallRe: Shoplifting Charge While On Parole, in Nevada
Okay, but asking if he was stoned still seems like a fair question. ;)
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11-01-2007, 04:22 AMSecurity ConsultantRe: Shoplifting Charge While On Parole, in Nevada
Fair enough.:p