I was curious how long a store could wait to go and file a possible shoplifting theft in Texas?
I was at a store I frequent about two times a week. One Saturday night there was a long session and I according to the employee did not pay for $38.77 worth of items. The issue is I recieved the phone call to return said items 3 days later. During the 9 hours I spent at the store that day the store was very very busy. Unfortunately for me I paid in cash that day and did not keep my receipt. I was using these items immediately that day. Upon recieving the accusatory call I paid for the items via credit card again over the phone. I would rather not cause drama.
My problems with us are the following:
1) I was there for 9 hours and the store was very busy and I am being questioned about stealing based upon memory. When I asked them what items I took in question I was told I know what I took.
2) I asked if the tape had been wrung up to verify that indeed I did not pay for the items. I was told it was not.
3) The store owner was playing games, in the back out of sight most of the day so did not watch me all day.
4) The shop has banned me from coming in saying I stole merchandise from their store.
5) The shop has told other customers I have stolen from the store.
I do not think there will be charges filed because of the burden of proof that would be put upon them and the cost of legal services on their part.
So, what is the timeline they have to charge me with stealing? Do they have a legal right to ban somene without proof? Is it a case of slander when they begin telling other customers of what occured?
How Long To Be Accused?
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03-23-2008, 03:50 AMStormragerHow Long To Be Accused?
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03-23-2008, 05:49 AMgigirleRe: How Long To Be Accused?Until the statue of limitations is up.Quote:
So, what is the timeline they have to charge me with stealing?
YesQuote:
Do they have a legal right to ban somene without proof?
It's only slander if what they say isn't true. They believe it to be true and since you paid for the items with your cc, then they have proof that they need.Quote:
Is it a case of slander when they begin telling other customers of what occured?
If you get a summons for court, you will know the extend of the evidence they have when you get your day in court.
The store sends the information to the DA's office. It's up to the prosecutors office to decide if there is enough evidence to charge you or not. This burden is placed on the tax payers not the store owner so there is little cost to the store owner and the store can recoop their money by placing a civil demand on you. I'm not sure where your coming from when you say that "the cost of legal services on their part."Quote:
I do not think there will be charges filed because of the burden of proof that would be put upon them and the cost of legal services on their part.
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03-23-2008, 05:58 AMStormragerRe: How Long To Be Accused?
So, basically what I should of done is the following:
When asked about said items I should of not paid for them a second time on my Credit Card?
My only recourse is to find the original receipt. Which is not possible since I never keep any receipts unless its for tax-writeoff purposes or for reinbursement for work. They also have only cash register with no way of going back to see what was paid for.
So, basically if you purchase an item do not keep receipts. Come back to the store at a later date the store can state that you have stolen said item and charge you?
Where do I find Statue of Limitations of items?
Thank you for your help. -
03-23-2008, 06:10 AMgigirleRe: How Long To Be Accused?I don't know. I personally would not have paid for something that I already had. I don't know their side of the story.Quote:
When asked about said items I should of not paid for them a second time on my Credit Card?
Yes, you should try and find the original reciept.
I'm sure that the store has video somewhere. Whether they do or not you probably will not know until you get to court.
The statue of limitations is usually 1-2 years. Can't say for sure unless you are actually charged with something (to look up the statue). Sounds like a misdemeanor either way.
I sounds like you need to change your habits in regards to reciept saving. All of this could have been avoided. I know it sounds impractical but it prevents things like this from escalating. -
03-23-2008, 07:38 PMBORRe: How Long To Be Accused?The limitations of prosecution for a misdemeanor, and I am assuming this is, is 2 years, Texas Code of Criminal procedure, Chapter 12:Quote:
Quoting Stormrager
Art. 12.02. MISDEMEANORS. An indictment or information for
any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
HOWEVER, this is the government's limitation. IF a merchant simply
"sits on thier rights" as known in legal parlance, for a prolonged time, then decides to prosecute and they knew of the crime the whole time, the gov. may decline to prosecute as it should have been filed earlier?
If you paid for the itmes by credit card after the call, then you have restituted them, and may just receive a civil demand from them letter in lieu of thier prosecutorial expenses.Quote:
I do not think there will be charges filed because of the burden of proof that would be put upon them and the cost of legal services on their part.
Defamation must be false or a reckless disregard for the truth. Since you paid for the items after the call, this is a basic admission of gulit, so while unprofessional on thier part, not slanderous.Quote:
Do they have a legal right to ban somene without proof? Is it a case of slander when they begin telling other customers of what occured?
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03-23-2008, 08:05 PMpanther10758Re: How Long To Be Accused?
I am having trouble with this story. Why would you pay for items twice? Paying cash means nothing the burden of proof is on store or DA if you paid for items there is no proof of theft. I am sorry but I do not believe you are being honest with us.