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Caught with Lip Balm at Shaws

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  • 12-04-2008, 11:25 AM
    LipBalmBandit
    Caught with Lip Balm at Shaws
    My question involves criminal law for the state of: Massachusetts

    Well, they caught me. Red handed, outside Shaws. I needed lip relief, but also wallet relief, so I put it in my pocket. A man stopped just after I walked out. I cooperated, but claimed I had forgotten it was in my pocket. He clearly didn't buy it. He had me sign a paper that said I wouldn't return to the store, and said that there could be fine, up to $250.

    So I'm wondering what my rights were, when he stopped me, outside? What if I he had just kept walking? Or if I gave him the lip balm and walked away. If I had, could he have used force to stop me?

    Anyway, I feel a lot like this blue circle::wallbang:
  • 12-04-2008, 11:53 AM
    Security Consultant
    Re: Caught with Lip Balm at Shaws
    He had the right to stop and detain you.

    He had the right to prosecute you.

    If you had ignored him and kept on walking - he had the right to force you to return to the store. He stopped you outside the store as he wanted to give you every opportunity to pay for the merchandise before you left the store.

    The only right I see that you had was to pay for the lip balm.

    Expect the $250 to be in the form of a civil demand. If you don't pay it they have the right to file a civil suit against you. You can then expect to pay more.

    Good luck.
  • 12-04-2008, 12:17 PM
    LipBalmBandit
    Re: Caught with Lip Balm at Shaws
    So the Shaw's security guy can detain someone, outside of the store?

    Also, what exactly does that fine entail, in terms of records and such?
  • 12-04-2008, 12:39 PM
    LipBalmBandit
    Re: Caught with Lip Balm at Shaws
    Follow up question:

    Does a civil demand fine mean I have to appear in court? Or can I just pay this and be done?
  • 12-04-2008, 12:50 PM
    panther10758
    Re: Caught with Lip Balm at Shaws
    No its a Civil action. You will get a letter from a Law Firm or Civil Recovery service telling you how much to pay and how soon. No court appearence is needed unless you fail to pay and they sue you or press criminal charges
  • 12-04-2008, 01:06 PM
    Security Consultant
    Re: Caught with Lip Balm at Shaws
    Quote:

    Quoting LipBalmBandit
    View Post
    So the Shaw's security guy can detain someone, outside of the store?

    Also, what exactly does that fine entail, in terms of records and such?

    Of course he can. Where do you think he should of stopped you?
  • 12-04-2008, 01:08 PM
    LipBalmBandit
    Re: Caught with Lip Balm at Shaws
    Thanks for the info. How long do they usually give you to pay?

    Also, I'm curious the detaining abilities of the Shaw's security guy? I'm in no way attempting to justify my actions. I'm just curious what my options were.
  • 12-04-2008, 01:09 PM
    LipBalmBandit
    Re: Caught with Lip Balm at Shaws
    No no. I mean, if I refused to go back inside with him, could he use force for anything to detain me?
  • 12-04-2008, 01:12 PM
    panther10758
    Re: Caught with Lip Balm at Shaws
    It varies by store on use of force. Legally they can. The time for letter could be days, weeks, even months
  • 12-04-2008, 01:21 PM
    Security Consultant
    Re: Caught with Lip Balm at Shaws
    Quote:

    Quoting LipBalmBandit
    View Post
    No no. I mean, if I refused to go back inside with him, could he use force for anything to detain me?

    As I wrote earlier - Yes, he could of used the necessary force to make you come back in the store. If that would of happened, he probably would have arrested you or caused you to be arrested. Why is it your concern that you were stopped outside the store? Again I ask - where do you think he should of stopped you?
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