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:

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.

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?

Follow up question:

Does a civil demand fine mean I have to appear in court? Or can I just pay this and be done?

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

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Quoting LipBalmBandit

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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?

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Of course he can. Where do you think he should of stopped you?

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.

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

It varies by store on use of force. Legally they can. The time for letter could be days, weeks, even months

Quote:

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Quoting LipBalmBandit

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

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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?

I agree that outside the store was where to accuse me.

But consider for example, if a security employee guy made a mistake and forced an innocent person to come back inside, against his or her will, with force.

I know police officers have this right, if they have probably cause, but what about an non-uniformed shaw's employee (civilian)?

I've worked in retail places where we were told, in fact, not to detain people with force, as it was against the law. We could only ask them to cooperate.

Since that was not case here its tough to speculate on imagined circumstances

So they had me sign one thing. I know I should have read it, but I was blind sided and just wanted to get out of there. I think it was an agreement to not return to the store. He mentioned that, and concluded with "Shaw's will send you a fine in the mail."

Can anyone take an educated guess at what I signed?

Was it an agreement to never return to the store, or something like an admission of guilt that will lead to a later court date?

No one can say for sure about court date but I doubt it. You likely signed a ban from store

I suggest you signed a trespass agreement - agreeing to not be on the property of Shaws. You might of also signed an agreement to pay the civil demand. Shaws would pursue the civil demand whether or not you agreed to pay. If you did sign civil demand agreement and don't pay - it just makes it easier for them to prove their case in a civil suit.

You'll need to find some place else to shop.

Thanks for all the info. Lesson learned. Law versed. Won't be happening again.