Forgot to Pay and Left Store with Unconcealed Merchandise

My question involves criminal law for the state of: Virginia

First of all, some information about me:

**I have adult ADD (Attention Deficit Disorder), which I usually take medication for.

**Before this incident which I am about to describe, I have never been arrested.

**I have never been convicted of any crimes, other than minor traffic offenses.

Yesterday, I went shopping at a large chain grocery store.
I got distracted because I had forgotten to take my medication that day, and I forgot to pay for the items in my cart before exiting the store.
The items were openly displayed in my shopping cart.

The security guard followed me into the parking lot as I left the store, and when I got to my vehicle, he asked me to come inside the store because he wanted to talk with me.

I then realized that I had forgotten to pay for the items, and said I was sorry that I forgotten to pay for them, and said I would be happy to go inside the store and pay for them (I had more than enough money to do so).

He put his hand on my shoulder, and told me "Don't try to run, or it will make it worse."
He said they had me on security cameras when I exited without paying.

I was extremely upset, but I cooperated and went back in the store with him.
Store staff would not let me make a phone call.
I repeatedly told staff throughout this whole incident that I would pay for the items, and had not intended to steal them.

They questioned me for awhile, and then called police.
Two police officers showed up and also questioned me, without reading me any of my rights.
They confirmed that I had no criminal record, but they still arrested me and took me to the police station for "processing."

I was charged with grand larceny, because of the dollar amount, and given a pre-trial date and a court date.

The magistrate let me go without bail because I had no prior criminal record, but I am mortified and terrified.

Did the store security guard or the police officers do anything incorrectly, and did they have probable cause to detain me or charge me with shoplifting if I didn't conceal the merchandise, and had plenty of money to pay for it, and had no intent to steal it?

Am I likely to receive any jail time?? :confused:

Ahh yes…the good ole “forgot to pay excuse”!

In the retail world, this is commonly referred to a Walkout/Pushout and thefts of this nature occur daily.

Because you “had money” doesn’t matter. I stopped a guy for stealing $70 worth of video games when he had over $700 cash in his pocket.

Because you didn’t “intend” to steal, doesn’t matter.

Because you went past the last point of sale and made no attempt to pay, will certainly matter.

In Texas, concealment isn’t always necessary when dealing with a WO/PO. Not sure about your state but I would imagine it’s the same or very similar.

Go ahead and stick with the medical excuse and the fact that you were “distracted”. It’s a common explanation for shoplifting and I haven’t seen it work yet, but it makes for some great entertainment in court.

Texasfatboy, people here are needing help and asking for help. If you cannot help, please do not make any judgement. Thanks

As Tex up there notes, this is a common excuse, and one that LP (and the cops and the courts) simply don't pay any mind to. It isn't going to get you anywhere.

LP and the police did their jobs correctly - they're not required to let you go because you claim distraction, and they're certainly not required to let you go because you have no priors. There's a first time for everything, after all.

Your next step is to retain counsel. If you cannot afford to do so, plead Not Guilty at your arraignment and ask for a Public Defender. You'll need counsel to try to get you a diversion program, which may keep this charge off your record.

Jail is unlikely for a first offender, but not impossible.

Quote:

---

Quoting Texasfatboy

---

Because you didn’t “intend” to steal, doesn’t matter..

---

The law in Virginia says intent does matter:

"§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.

Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise."

Quote:

---

Quoting LawResearcherMissy

---

Your next step is to retain counsel. If you cannot afford to do so, plead Not Guilty at your arraignment and ask for a Public Defender. You'll need counsel to try to get you a diversion program, which may keep this charge off your record.

---

Thank you, Missy...,,:)

Your intent was when you walked all the way out to your car without paying for the items. How much was the value we are talking about here? It sounds at least $300 to get the grand charge you have. NO one will believe you filled up a whole cart with good and just pushed it out to your car and forgot to pay. You may want to get an attorny and tell him/her the truth and minimize the damage you have created.

Quote:

---

Texasfatboy, people here are needing help and asking for help. If you cannot help, please do not make any judgement. Thanks

---

Believe it or not, I’m helping the OP by attempting the save this individual from the extreme embarrassment (and mistake) of showing up to court and saying something along the lines of “I filled a shopping cart, walked out the door and forgot to pay because I have ADD”.

As I said before, It’s a VERY common excuse and even weaker defense. In addition, it’ll probably piss off the judge for insulting his/her intelligence. Sometimes the truth hurts! :wallbang:

Quote:

---

Your next step is to retain counsel. If you cannot afford to do so, plead Not Guilty at your arraignment and ask for a Public Defender. You'll need counsel to try to get you a diversion program, which may keep this charge off your record.

---

Great advice!

Quote:

---

Your intent was when you walked all the way out to your car without paying for the items. How much was the value we are talking about here? It sounds at least $300 to get the grand charge you have. NO one will believe you filled up a whole cart with good and just pushed it out to your car and forgot to pay. You may want to get an attorny and tell him/her the truth and minimize the damage you have created.

---

I can’t comment on this, it’s written perfectly!

OP, you say you usually take meds for "ADD", does that mean you have been diagnosed by a licensed medical pratitioner? If so, that could help show you did not have intent to steal the goods.

I do not have ADD, but I once drove off from a gas station without paying because I was distracted- I had absolutely no "intent" of doing so. (fortunately I remembered and returned to pay, the police were already there)

i think they are talking about physical intent such as you intended to push the cart outside.

they are not talking about thought crime and mental intent as in a plot to steal.

for example if you were at the point of sale and the cart rolled down hill and out the door it was not intended to leave the store ( no intenet)

but if you push one out then you intended to do that and did.
they don't care what your though process is while you do it.

According to the statute op posted, "with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise".

I'd say "intent" refers to his thought process at the time.