Shoplifting in California
My question involves criminal law for the state of: California
I have been accused of shoplifting at a Macy's in California. I have never been convicted of any crime, ever. I am 24 years old and am studying for a Master's degree in Library Science.
I went to Macy's to look for some picture frames for my grandmother. I didn't find anything and decided to try on some clothes after my search; still, nothing to be found. I walked out of Macy's after trying the clothes on and was about to go into another store when I was grabbed by a Macy's employee and told to come back in the store for taking two shirts. She (the employee) took my bag and had me walk in front of her.
I didn't know what was going on. I had left some clothes in the fitting room, but there were already clothes in there from a previous customer, so I thought it was okay. Anyway, they took me to a secured room and told me to sit down on a white bench. They proceeded to take my picture, a picture of my bag, and a picture of two shirts that were in the room. They said the shirts were damaged and showed me a hole in one of them. Then they took a picture of two price tags that I assume belong to the shirts.
I didn't say anything and was quite shocked by all of this. When they asked me why I "took the shirts," I told them that I plea the fifth. I did try to cooperate and tell them that I would pay for the merchandise, but that it was not mine. They said, "It's too late for that."
The funny thing is, I heard them call on the radio for someone to go into the fitting room to get some sensors, but they could not find any in the fitting room I was in. After that, one of the employees asked the other if she should "take a photo of two sensors anyway." Hmmm...
They also said the the merchandise was worth over $100, so they would have to call the cops and file a report.
While waiting for the police, they had me sign some paperwork for their company files and told me I could not come back into the store for 3 years (like I would ever want to shop there again anyway!).
When the police officer came, he asked the employees if I had ever "done this before." There were two employees in the room with me, and they both said that they had seen me taking clothes before! At this point, I'm thinking this is a case of mistaken identity. I shook my head no, but did not say a word because I did not have a lawyer present and this was obviously a false accusation.
The officer also questioned me about my name, which is unusual in the U.S. I told him it was Hebrew and that I was from Israel. One of the employees that apprehended me quickly turned to me and said, "You're Hebrew?!" As if "Hebrew" is some type of ethnicity, which it is not. I told her, "No." And she just stood their and stared at me for a little while.
The officer wrote me a citation for 484 (a) Petty Theft and gave me a court date. I would like to consult with a lawyer about all of this and am planning to call Macy's tomorrow to tell them about the situation. My husband has already gone in the store where this all took place and explained the situation to a manager; the manager actually apologized for the incident and gave him a phone number for me to call about this.
I'm just scared that I will be indited because I am going abroad in January to visit my grandmother who is very ill; I don't want some type of probation to prevent this.
Please help. Thank you.
Re: Shoplifting in California
Thank you for the responce. I appreciate it!
Re: Shoplifting in California
I slept on it and thought up a couple more questions:
Is it legal to aprehend a person after they have left the store? I used to work at a retail store and they told me this was illegal, but I don't know under what law.
It is possible that the shirts in question were put in my purse outside the store. I did not see anyone doing this, or pulling anything out of my purse, but they said that the shirts had been in my possesion. What do I do about this?
I have looked for a police report of this incident, but I don't think it's in their system yet. When should I expect to be able to view it through the police department's website?
Assuming that someone took an item in a dressing room, would they be able to aprehend him/her for shoplifting and say, "We saw you take it" even though cameras in fitting rooms are illegal?
Re: Shoplifting in California
Quote:
Quoting
mf85
Is it legal to aprehend a person after they have left the store? I used to work at a retail store and they told me this was illegal, but I don't know under what law.
It is legal. It may have been against your previous employer's POLICY, but that does not make it illegal.
Quote:
It is possible that the shirts in question were put in my purse outside the store. I did not see anyone doing this, or pulling anything out of my purse, but they said that the shirts had been in my possesion. What do I do about this?
If they found allegedly stolen shirts in your purse, there is not much you can do about it except to consult an attorney.
You will probably have to read the report when your attorney gets a copy so that you can know for sure what they are alleging that you did.
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I have looked for a police report of this incident, but I don't think it's in their system yet. When should I expect to be able to view it through the police department's website?
I do not know of ANY police department in this state that has reports available on line! There are a host of legal and practical reasons why that would be unwise. You can call and ask the agency for a copy, but they do not have to provide it to you. Your attorney can get a copy through the discovery process if the case is filed with the court. The DA may not een file ... he or she probably will, but it is always a possibility.
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Assuming that someone took an item in a dressing room, would they be able to aprehend him/her for shoplifting and say, "We saw you take it" even though cameras in fitting rooms are illegal?
Yes.
But, unless these people are idiots, they have surveillance outside the room, not inside.
- Carl
Re: Shoplifting in California
If shirts were found inside your purse.....I'd run and talk to a Criminal Defense Lawyer. Especially since you say you are falsely accused, but in a following post say they found shirts in your purse, and could they have been planted. As someone else mentioned, a lawyer would get copies of surviellance video, etc.
Re: Shoplifting in California
I've talked with three different lawyers and--after a lot of hurt, pain and anger--I feel like my best option is to plead guilty as I do not have the money to afford a jury trial, but I can pay a lawyer for this initial case. I've been told that I would probably face a fine and one year of probation; and that I would be able to get the charge expunged/dismissed after completing probation since it is my first offence.
This leads me to my next question:
My husband and I are planning on moving outside the U.S. within the next couple years. We would like to move to New Zealand more than anything. If I tell the immigration officials that I have a dismissed misdemeanor (after it has been dismissed, of course) on my record and that I have been found not guilty—that I was only charged with the crime, but not convicted--do you think it would ruin my chances of moving abroad?
Thanks for your help.
Re: Shoplifting in California
If you get convicted you would be ineligible for a residence visa in NZ unless granted a character waiver. If you are not convicted, I don't think there would be a problem.
You said you were going to plead guilty. Just make sure that you are not pleading guilty and then getting your conviction expunged. There is a difference between that and pleading not guilty and getting the charge dismissed.
Re: Shoplifting in California
I thought expunging the conviction dismisses the crime? I know it still shows up on your record, but doesn't it show up as being dismissed?
Re: Shoplifting in California
Quote:
Quoting
mf85
I thought expunging the conviction dismisses the crime? I know it still shows up on your record, but doesn't it show up as being dismissed?
This link from the CA courts will tell you all about it:
http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm
- Carl