Not Signing the Walmart Trespassing Paper

My sister was recently busted for shoplifting (see First Time Shoplifting Offense in South Carolina thread) but did not sign that paper stating she was had trespassed. The cops didn't charge her with trespass either. Is she still banned?

No...not really.

Of course she's banned.

Signing the paper would make it easier for them to document the fact that she's banned, but she is still banned.

Tell her to stay out of ALL Wal-Marts....not just the one she was busted at. AND...Sam's Club's also.

Contrary to popular belief:

Wal-Mart does NOT trespass all shoplifters…although I wish they would!

Company policy leaves the final decision to a Manager on duty and Loss Prevention which involves several circumstances surrounding and involving the apprehension of said shoplifter.

If they said nothing about a trespass, then I wouldn’t worry too much about it. Usually involves low dollar amount, cooperation and first time offenders.

If they “told you” not to come back, most likely they’ll ask you to leave if seen inside the store.

If you signed a trespass notice, you WILL be arrested on site. This includes all Wal-Mart stores and Sam’s Club facilities.

Assuming you signed nothing and no verbal notice was given….then my original
answer is, No….not really.

however, if they ask your sister to leave and she does not... then the game changes.

And they can ask her to leave at any time.

They can ask anybody to leave at any time.

Quote:

---

Quoting Security Consultant

---

They can ask anybody to leave at any time.

---

True... and for any or no reason as long as that reason is NOT because of a person's inclusion in a protected class.

No, former thief is NOT a protected class.

Walmart does not ban shoplifters in you are a first time offender. And you can't be charged with trespassing unless you violate a trespass. If she was trespassed she would have been told so during the apprehension time.

she was told this and was in fact told that she was banned for a first offense. But she refused to sign the paper stating that she was tresspassing. Also they asked the cops to also add the charge of tresspassing. She said that the cops said that they would but I have looked over all of her papers and I can find no mention of that charge. Just shoplifting. My question is, can they still charge her with tresspassing for this incident if cops did not include it in the charges at the time of arrest? And if she is in a different state and for some reason has no other option but to shop at a walmart how likely is it that she will be stopped and thrown out or arrested? She does travel and sometimes the only thing open that sells whatever she might need is Walmart.

She needs to contact the store she shoplifted at. And verify is she is banned or not. If not, may I recommend getting something in writing that she is not banned?

If she outright said "I'm not signing the form" then she is still banned.
If she signed a form...she is banned.
(these two include ALL WalMarts and Sam's Clubs. Not just local, not just in S.C., but ANY WalMart or Sam's. That includes Los Angeles, NYC, Hong Kong....)


Honestly - if she sets foot into either store, with an active ban on her, she can be arrested and charged with Criminal Trespass.

ok, thanks. i was just confused as to why they even had the form if it doesn't matter if she signed it or not. is there any reason they would have her sign this form if it doesn't matter if she signs it or not when it comes to the consequences?

Her signing the form just has her acknowledge she was told to stay out of the store. If she said "I refuse to sign", well....it's not advisable to go into either WalMart or Sams.

If a shoplifter refuses to sign I write "refused to sign" on the form. She is still banned whether she signed it or not.

Quote:

---

Quoting whitedove03

---

ok, thanks. i was just confused as to why they even had the form if it doesn't matter if she signed it or not.

---

Again ....

Quote:

---

Quoting Mr. Knowitall

---

Signing the paper would make it easier for them to document the fact that she's banned, but she is still banned.

---

Quote:

---

Quoting pinky54656

---

Walmart does not ban shoplifters in you are a first time offender. And you can't be charged with trespassing unless you violate a trespass. If she was trespassed she would have been told so during the apprehension time.

---

heck, they banned the guy that refused to show his receipt on the way out for life from all wally worlds.


it sounds like she was given a notification of the fact that she refused to sign. That means she has been given notice and if she enters a wallyworld, she can be arrested for trespass.

Quote:

---

she was told this and was in fact told that she was banned for a first offense. But she refused to sign the paper stating that she was tresspassing. Also they asked the cops to also add the charge of tresspassing. She said that the cops said that they would but I have looked over all of her papers and I can find no mention of that charge. Just shoplifting. My question is, can they still charge her with tresspassing for this incident if cops did not include it in the charges at the time of arrest?

---

if she was not banned prior to entry to the store this time, she could not be charged with trespassing now. She would not be trespassing until she was notified she was not allowed in a walmart.

the next time she steps on wallmart property (not just entering the store) she is trespassing and subject to arrest.

She should not go back to any local walmarts,or any really. If the Lp or manger notice her and wants to press the issue why risk getting arrested when she already was lucky not to before. There was a post here about a shoplifter who went to another chain store out of her town and the same Lp happen to be on duty and remmbered her, unlikely but why take the chance and risk dealing w. all that bs.

..and it could be likely, actually.

For example, a chain store here....LP's are "traveling". They don't work at the same store all the time, but actually stores within a certain radius...PLUS you are in the stores computer system.