Wrongfully Accused of Shoplifting - What Should I Say in Court
My question involves criminal law for the state of: Colorado
Hello.
I was in City Market today shopping for the restaurant where I work. I decided that while I was there, I would pick up a tube of lip gloss as well. I put the lip gloss in the top basket of the shopping cart and continued on my way. By the time I got to the vegetable isle, I needed to check my shopping list again, so I picked up my purse to look for it, but looked down and saw that the list was sitting right there on top of everything (inside), so I put my put my purse back down, and in doing so, covered the lip gloss.
I took my cart to the self checkout and paid for everything. By this time I had forgotten the lip gloss was under the purse. I put my grocery bags in the cart, and as I was walking out, I got called back by a security officer. I tried to tell him it was completely unintentional, but he said girls do "that move" all the time to conceal cosmetics. The police came and issued me a citation with a court date.
I know it looks bad. I don't know what to do. I was told if I pleaded guilty, it would be cheaper, and probably result in community service and the charge would be wiped from my record in a few months. But I don't want to plead guilty because I didn't do it. I am afraid to fight it though, due to attorney fees and the possibility of being judged as guilty anyway.
What should I do? And am I allowed to bring people to court (or letters from them) to speak on behalf of my personal character?
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
You know why the officer said "girls do 'that move' all the time to conceal cosmetics"? Because "girls do 'that move' all the time to conceal cosmetics". It's just your bad luck if you're the 1 in 1,000 cases where a mistake actually occurred.
Consult a local criminal defense lawyer, and ask about the possibility of diversion, deferral, or something else that could allow you to avoid a conviction.
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
After the guilty plea this case will be viewed as one more example of "girls do 'that move' all the time to conceal cosmetics" to contribute to the "thousand to one" LP folk statistic.
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
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nap435sack
Get a public defender, and fight it.
You should win...
Show you had the money to pay for this item, and their would be no reason for you to steal this or deprive the merchant.
I agree the OP needs to get a lawyer, however I disagree with the last statement. The fact that she had money to pay for the item means nothing. There are people that steal just to see if they can get away with it, or just for fun. So that means nothing.
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
Neal is spot on. MOST adults caught shoplifting have the ability (cash or credit) to pay for the item(s) they took (not so for minors) - hence the incredible number of adult shoplifters who try to haggle with the loss prevention folks to just pay for it after they've been caught, thinking that'll get them off the hook - which really irks them when police show up (and of course, they flash the cash to the police also, trying the same defense).
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
People who have the cash to buy stuff still steal.
People who buy other items still steal.
People making expensive purchases still steal, and may well steal cheap merchandise.
None of the excuses you propose are likely to impress a LP, police officer or prosecutor.
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
Agreed.
You are trying to muddy the water by stating that the OP can prove her intent using other informative sources.
However, none trumps the fact that she did steal. Accidentally, perhaps, but the action easily outweighs the possibility of mistake.
If this is a first offense, I would go down the road of diversion rather than trying to convince a judge that it wasn't stealing.
Accidental theft is still theft... and the judge will have heard that same "I made a mistake" story a hundred times that week already.
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
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Mr. Knowitall
You know why the officer said "girls do 'that move' all the time to conceal cosmetics"? Because "girls do 'that move' all the time to conceal cosmetics". It's just your bad luck if you're the 1 in 1,000 cases where a mistake actually occurred.
Consult a local criminal defense lawyer, and ask about the possibility of diversion, deferral, or something else that could allow you to avoid a conviction.
Hi, stay away if you can;t answer the question,
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
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Neal1421
I agree the OP needs to get a lawyer, however I disagree with the last statement. The fact that she had money to pay for the item means nothing. There are people that steal just to see if they can get away with it, or just for fun. So that means nothing.
No, that is very important that you were buying stuff from store with enough money in you wallet. That means you entered the store with intention of purchase. that will look totally different that you don't have enough money for you "stolen item"
Again, those of you don't have any sense of legal, try not to say anything.
Re: Wrongfully Accused of Shoplifting - What Should I Say in Court
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sherylz08
No, that is very important that you were buying stuff from store with enough money in you wallet. That means you entered the store with intention of purchase. that will look totally different that you don't have enough money for you "stolen item"
Again, those of you don't have any sense of legal, try not to say anything.
Actually, what that means is rlin had the means to make a purchase. It does not show intent to pay for the merchandise. Neil 1421 has it right.