Might Be in Trouble for Shoplifting
My question involves criminal law for the state of: North Carolina
Alright, so yesterday I was in a department store at my local mall, and made a really bad decsion to steal a $400 handbag for my girlfriend. After I left the store this girl can up to me with a badge and said she was store security, and wanted the bag back. I told her she has no right to stop me because she is not a cop, she wanted me to come with her back to the office to discuss the bag. I told her no and started to walk by her and she went to grab my arm. She can't touch me thats illeagal, so I defended my self by punching her in the forehead and she feel down, at this time two store people came running out and grabbed me, she put me in handcuffs whitch she can't do because she is not police. I kept telling her I was going to sue the store because she is kidnapping me. When we got back to the office she started asking me questions but never read me my rights, so nothing I said can be used againist me, right? They called the police and they came and arrested my for shopifting and assault, but I was just defending myself. Can anyone give some advice on what I should do because they had no right to do what they did, store security is not the police. If the police stopped me I would cooperated. I want to sue this company for kidnapping, assault, and for humilitating me in the middle of the mall.
P.S.
I am a really good person, and have never been in trouble before with the police. This is really fustrating because I was charged with two things but was already out of the store.
Re: Might Be in Trouble for Shoplifting
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After I left the store this girl can up to me with a badge and said she was store security, and wanted the bag back.
after you left the store...thereby confirming the fact that you had NO intent to pay for the item and were therefore committing a crime...
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I told her she has no right to stop me because she is not a cop,
wrong
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She can't touch me thats illeagal,
wrong
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so I defended my self by punching her in the forehead and she feel down
another bad decision/crime on your part
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she put me in handcuffs whitch she can't do because she is not police
wrong
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When we got back to the office she started asking me questions but never read me my rights, so nothing I said can be used againist me, right?
refer back to your statements about her not being the police...
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Can anyone give some advice on what I should do
I highly recommend you contact an attorney.
(On a side note...I really hope Carl responds to this one, even though it's not in CA...I'd love to hear his take on it!)
Re: Might Be in Trouble for Shoplifting
You are a fool. Store security can do more things to you than the police can. Store security can whip your ass and take your money and send you on your way. (Before anyone jumps on me, its called using force to stop a shoplifter and civil demand).
You are lucky you didn't get your teeth knocked out and a couple of ribs broken. You compounded your problems because you are ignorant.
Get a lawyer
Re: Might Be in Trouble for Shoplifting
At this point i would of just booked it but they defintely did everything allowed within their rights and put you under a citizens arrest
Re: Might Be in Trouble for Shoplifting
OP,
All I can say is you have no clue how wrong you are. Not one of your assertions was either logical or based on fact.
The criminal aspects of this case are well above your every day shoplifting case. You will most likely be looking at a couple of felonies.
On the civil side there will be a hefty penalty coming your way. In addition, if the loss prevention agent suffered any injuries she can come after you as well.
WOW are you in a world of you know what!!!
Re: Might Be in Trouble for Shoplifting
I agree with the others... you dug yourself a hole deep and wide.
Sell everything you own and get the best attorney you can find if you want to stay out of prison.
Re: Might Be in Trouble for Shoplifting
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This is really fustrating because I was charged with two things but was already out of the store.
What ever gave you the idea that if you made it out of the store with the stolen merch, you were home free?
They can send the police TO YOUR HOUSE to collect it - and you! - if they're resourceful and nab your license plate number or any other identifying information.
Scroll up and read bam!'s post. He's not wrong. You caught a lucky, lucky, LUCKY break, insofar as you didn't get yourself busted up in your struggle to assert your idiocy.
You need a lawyer so much right now, it's not even funny.
Re: Might Be in Trouble for Shoplifting
Not guilty, review this law and then tell us if your rights were violated?
see (c):
http://www.ncleg.net/EnactedLegislat...S_14-72.1.html
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Quoting
bam!
You are a fool. Store security can do more things to you than the police can. Store security can whip your ass and take your money and send you on your way.
Your are just making a comparison of how lucky she was, not law, I know!
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BOR
I was, I was.
Many times security will kick your ass, drag you to the back and kick your ass some more. When the "real police" come, they will show or tell them that the shoplifter was violent and needed to be restrained. And who will the "real police" believe anyway? Your thieving ass? Hardly. See the "real police" and the "fake police" love seeing people go to jail.
To sum it all up, keep thinking that store employees can't do jack to you because they aren't "real police". Then the next time you get caught up stealing and someone sends you to the hospital...don't say I didn't tell you.
For real, were you really thinking that she can't do anything to you? For real? For real for real?
1-800-U-NEED-A-LAWYER
Re: Might Be in Trouble for Shoplifting
Let's see....you (admittedly) steal, you assault the LP because you believe that they have no "right" to do anything about you stealing from their store, then you believe that whatever you said is moot because you were not mirandized....that looks to be pretty synoptic up to this point I believe.
THEN, you allege "kidnapping" for them taking you into custody!
I'd suggest garnering some sort of education about merchant statutes in your fair state! You obviously have internet access so you can google to your heart's content on NC's sate legislative site.
Your version of reality, and the reality version of reality are very diametrically opposed!
Had you been in my neighborhood and pulled that on one of my officers or me, you could've very well been charged with robbery. Bumps you into an instant felony regardless of the theft amount!
"P.S.
I am a really good person, and have never been in trouble before with the police. This is really fustrating because I was charged with two things but was already out of the store."
This part of your post has to be my fave!!! "Good person"s don't steal, and they don't assault females, regardless the reason!!!!!!!
Re: Might Be in Trouble for Shoplifting
I will say it this way: You are SCREWED. And you only have yourself to blame.
Retail Fraud.
Assault.
That assault charge is gonna look great, in addition to the shoplifting.
And your bad attitude is going to be in the court documents too. That's gonna look GREAT to the Judge (sarcasm mode on). You have a bad attitude, no remorse..... The Prosecutor and the Judge will both be taking that into consideration.
And yes....the security officer you assaulted can go after you for damages in a lawsuit (Medical costs, Pain and Suffering, Wage Loss.....)
The store LP had every right to detain you. The official police (State Police or County, whichever was called) are the ones to read you the Miranda warning. Since you felt your rights were violated, you knew you had the right to an attorney, and should have asked for one right then.
Get a lawyer. You're gonna need one. Badly.
Re: Might Be in Trouble for Shoplifting
So after talking to a lawyer, I figure there is not much one could do, so I am going to represent myself. I don't think you guys are right, only the police can detain someone, not some wanna be police store security, if I had to do it all over again I would not have let those other guys off so easily, this a case I will win, and show them you can't stop someone just becuase you have some badge issued by a store.
Re: Might Be in Trouble for Shoplifting
is it just me, or do you guys get the impression that the OP is pulling our leg to get a rise out of us?? the posts are just a bit too ridiculous and seem to be geared towards eliciting a response. maybe some people just have way too much time on their hands.
Re: Might Be in Trouble for Shoplifting
I kinda hope this one gets a link to a reputable news source, so we can all enjoy laughing at him as a group!
Re: Might Be in Trouble for Shoplifting
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Mouser
is it just me, or do you guys get the impression that the OP is pulling our leg to get a rise out of us?? the posts are just a bit too ridiculous and seem to be geared towards eliciting a response. maybe some people just have way too much time on their hands.
Nope.
Some people really ARE just that dumb.
Really.
Re: Might Be in Trouble for Shoplifting
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Quoting
Mouser
is it just me, or do you guys get the impression that the OP is pulling our leg to get a rise out of us?? the posts are just a bit too ridiculous and seem to be geared towards eliciting a response. maybe some people just have way too much time on their hands.
She is either a troll or Forrest Gump's sister and life's a $400 purse.