Stopped and Later Arrested for Shoplifting in Macy's

My question involves criminal law for the state of: California
I was arrested for shoplifting in Macy's. I had three dresses in my bag.
Macy's sales associate told that I steal dresses from Macy's, for the amount of more than $1,000.
All three dresses had holes after removing sensors, no tags.
I didn't sign any papers and I didn't admit shoplifting. I told that I would not talk with anybody without Lawyer.
I told that I got dresses as a present from girlfriend in bag and never opened bag and planed give those dresses to donation.
I told that I came in Macy's because I waited for my friend and came to bathroom and on the way tried couple of clothes. I had Macy's gift certificates with me which I told I got with dresses also as a present.

They called police, I spent night in jail, and I would have court in one months.
I would very appreciate your advice how to avoid any punishment and record.
I know that there is no videotapes of me taking of dresses and putting in bag.
I didn't have any sensors or any Macy's tags on dresses.
Could Judge believe me that dresses don't believe to Macy's and I really got them as present and I have right to have anything in my bag when I enter store, even dresses with holes which Macy's has for sale now. Because anybody else could buy them any day and give them to me.
Which proves Macy's should have, to tell that I stole this dresses. Sales girl told that she saw me taking dress and followed me, nobody was in fitting room and I told that I put all items back after trying. I went in second fitting room was checked in and out with two items by Sales Associate. Then I went in bathroom and elevator. I was stoped outside, checked. I never admitted any shoplifting even if this girl found three dresses in my bag with holes including dress which she told she saw me taking for trying. No sensors, no tags, just dresses with holes after taking sensors.
How I could protect myself now. Macy's worker don't want to believe that I got dresses as presents for donation and was on my way for donating this dresses, just stoped by in store where they sell this dresses. I participate in donation projects, we donate clothes to charity.
Now I would have court and grand theft charges.
Please advice what should I tell to court and be not guilty.
Thank you for your help!!!

What donation company do you work with that donates dresses? Awfully nice of you to donate some brand new dresses (over $1000 worth) to charity that initially was presents from your family.

I need ExperLaw advice not comments.
People donating million of dollars, it's charity.
I just would like to know how to proof that I didn't take those dresses from Macy's I came with them and left with them and didn't take anything from store. You could find those dresses in any big supermarket, Saks, Bloomingdales, Neiman Marcus in any city. Is it enouph for them to tell that I stole those dresses and punish me, how they could prove it? Do thye need to submit proof to court or they already made complain. Is somebody from Macy's would come on my court day or not? Do they bring those dresses in court or not as a proof? And if they would how they could proof if those dresses not from Saks for example, or from New York or Chicago?

There is not much expert law advice that will help you. I suspect that if we walked into that store on the same day you did we would find racks of clothes with what just so happens to be (GASP!!) the exact same dresses!!

No, sorry, not all stores carry the same merchandise.

You have been caught, and, instead of being a big girl and fessing up, you are looking for a way to prove your lies? Or at the very least to disprove the truth?

I will say you might want to reconsider your strategy. A judge is not going to look favorably on someone who insists on such an obvious fabrication.

I wouldn't hold out much hope on having the charges dropped. First you have a sales person who witnessed you with the dresses. Then they appear in your bag, with holes from where the EAS tags were ripped out, and you claim that your "friend" gave them to you that morning, and you just walk into Macy's before you go and donate them to charity. No the judge is not going to believe you. And you probally are on camera, Macy's has a state of the art camera system.

Surely your friend will show up in court to testify on your behalf, present her receipt, and explain why there were holes in the clothes consistent with their being stolen. Surely the video surveillance in the store will show that you never went near the identical items inside the store, and that the volume of items in your bag was unchanged throughout your visit to the store.

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Quoting dede

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I need ExperLaw advice not comments.
People donating million of dollars, it's charity.
I just would like to know how to proof that I didn't take those dresses from Macy's I came with them and left with them and didn't take anything from store. You could find those dresses in any big supermarket, Saks, Bloomingdales, Neiman Marcus in any city. Is it enouph for them to tell that I stole those dresses and punish me, how they could prove it? Do thye need to submit proof to court or they already made complain. Is somebody from Macy's would come on my court day or not? Do they bring those dresses in court or not as a proof? And if they would how they could proof if those dresses not from Saks for example, or from New York or Chicago?

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Your excuse would have to survive the issue of "reasonableness". Your excuse would not.

Have you ever heard the expression "What looks like a duck, sounds like a duck and acts like a duck is usually a duck."

You had three new dresses in your bag... all were damaged to remove the security tag (which would not have happened if they had been purchased and given to you) and all three were available for purchase in the store you were in when caught.

Further, you have done this often enough to remove the tags in a place where you believe there are no cameras.

Add to that the simple fact that you lawyered up when confronted gave the store no choice. You didn't say if you were caught with a tool for removing the tags.

Bring your lawyer to court.... you will need one.

The same dresses sold in Saks and other stores.
Sales person saw how I took white dress to try, she told that she followed me to the fitting room. Yes, I went in fitting room with four items, other sales person saw me, I left the same numeber of items which I took with me, I didn't leave any additional hangers, sensors, tags in fitting room.
I went in other fitting room with two items and the same was check in and out by Sales Associate.
Then I went in bathroom and elevator.
I just don't see any legal reasons to stop me.
If they were suspicious, why Lady in fitting room didn't ask me anything.
I returned all items back.
OK, I had clothes in my bag, but it could be not new, or from other store. I work for charity, and we are getting so many designer clothes, sometimes new with tags for donation.
Did they have right to stop me if I was checked in and out in fitting room with the same number of clothes?
And there is no any Macy's tags on clothes.

A store clerk says she saw you taking the merchandise they found in your bag. That happened to be stolen Macy's merchandise. The police found probable cause for arrest and the prosecutor found the evidence sufficient to authorize criminal charges. So by all appearances, they acted reasonably in detaining you on suspicion of shoplifting.

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Quoting dede

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And there is no any Macy's tags on clothes.

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The thing you seem to be forgetting and assuming we'll forget is that you yourself even stated that the dresses had holes in them from where the Sensors were.

If you purchase an item with a sensor, they don't tear the sensor off thus destroying the item, they remove it, leaving behind barely any visibility that such a sensor was placed there.

You didn't purchase the items, they weren't given as a gift they were simply stolen and the tags were removed without the proper device.

I still don't see why you would carry about that much in clothing around to different stores and departments, if you were going to donate them then you should have went straight to the place to donate or leave them in your car until you get there. Your story doesn't make any sense and it's not going to help you out at all.