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  1. #1

    Unhappy Shoplifting Charge on Elderly Foreign Visitor

    My question involves criminal law for the state of: Washington

    I just found out that my elderly father has been charged with criminal misdemeanor on shoplifting charges and faces a court arraignment in a week. Please advise on my options. Here are the details -

    My dad is 57 years old and of ill health. He has very minimal knowledge of speaking or understanding English. He has visited USA several times on visitors visa. Absolutely squeaky clean record all his life. We are not rich, but certainly doing quite ok for ourselves (family income>$250,000).

    Last month, my dad went to the mall to purchase a few things from Macy's and Macy's Home Store. He picked a perfume bottle ($69) from Macy's and was headed to Macy's Home not realizing that he had to pay for the perfume first. In any case, Macy's apprehended him. Even though it must have been clear that he did not understand exactly what is going on, they got him to sign on a form stating the circumstances, got him to pay $269 (including $200 in fines), AND filed a police case. My dad was confused and scared - he didn't even realize that they have filed a police case. He felt so ashamed that he didn't insist on calling me or a lawyer. For the last 16-17 days, he didn't tell anyone in the family and his health has been deteriorating as a result. This last week, he got a summons from the court, and this is when he panicked and broke down.

    Could someone please advise what my options are? My main concern is that I want this whole thing to go away as soon as possible so that my dad's health does not deteriorate any further.

    Thanks!


    P.S. I am pissed at Macy's for their handling of this situation. Do they not consider a person's situation and past history when filing such serious charges? In the last 10 years, we (including my dad) have purchased tens of thousands of dollars of stuff from Macy's. For $69, Macy's has lost a customer for a lifetime.

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    Quote Quoting ConfusedDesi
    View Post
    P.S. I am pissed at Macy's for their handling of this situation. Do they not consider a person's situation and past history when filing such serious charges? In the last 10 years, we (including my dad) have purchased tens of thousands of dollars of stuff from Macy's. For $69, Macy's has lost a customer for a lifetime.
    You can start by reading the sticky at the top of the forum that you ignored on your way to post.

    Then, you can tell me why you are angry at a retailer that apprehended a thief. Do you really want or think that retailers have access to someone's complete life history/criminal history?

    If your dad had purchased thousands of dollars, he should have known he needed to pay when he was leaving the store.

    Lastly, I am sure that Macy's will survive without you.

  3. #3

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    cyjeff - thank you for your help!

    My emotions aside, I am rally interested in advice on how best to address the issue at hand. Can someone tell me the different options to address/mitigate this case?

    Thansk!

  4. #4
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    Options. Plead Guilty, or Plead not guilty. If you plead not guilty you can fight with or without a lawyer. I recommend finding a criminal defense attorney.

    Sometimes, criminal citations are issued (I don't know if one was issued in this case), it sounds like one was issued, per the signature, but I don't know about the case. On those criminal citations, there is sometimes a bail amount where you can just send in money and plead guilty. It is almost like a traffic ticket.

    Pleading guilty may be worth it in this case, as your father is probably retired and doesn't need to worry about employment, etc. However, if the price of the citation is higher than $4000 (I doubt), then you may plan to get an attorney.

    A reasonable attorney would charge somewhere in the realm of $5000 for this case. It could be more or less depending on other circumstances of the case. I know a few in Bellevue and in Seattle if you need a number or email.

    Good luck,

    Brendan

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    ok....so out of curiousity....

    Sephora in inside JC Penney.

    My first time shopping there, I did not realize I had to pay at a Sephora Counter. I got my other stuff inside Penney's....got up to the register before being told my Sephora purchase had to be done at Sephora.

    If this is the same situation.....the layout is not like a coffee shop inside of a grocery store, where paying for it separately is obvious.

    And there's no signs that say that the Sephora purchase is totally separate....

    It sounds like he was not even out the doors of Macy's. Shoot, I bet anyone would get confused over Macy's and Macy's Home Store (Sears used to have a Home Store...you did everything in one transaction....)

    I can see where a foreigner would be confused by this.

  6. #6

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    Thanks for your valuable advice.

    1. Is pleading guilty the fastest way to get this case closed?
    2. What is the worst case scenario if he pleads guilty? Can we pay some fine and get this over with?
    3. In this case, how long (if at all) before the charges are dismissed from his file?

    Thanks again!

  7. #7
    Join Date
    Mar 2007
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    9,096

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    Quote Quoting ConfusedDesi
    View Post
    Thanks for your valuable advice.

    1. Is pleading guilty the fastest way to get this case closed?
    Yes, but it also means that sentencing will now begin.

    If you want to plead your case, you have to plead not guilty.

    2. What is the worst case scenario if he pleads guilty? Can we pay some fine and get this over with?
    A fine, probation and community service are most likely.

    3. In this case, how long (if at all) before the charges are dismissed from his file?
    Unless negotiated for deferment, they will stay on his record forever.

    Another excellent reason for an attorney.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Shoplifting Charge on Elderly Foreign Visitor

    I would suggest his crime wasn't walking away from the perfume counter with a bottle of perfume in hand and heading to the home store area. It isn't theft unless you leave the store or conceal the merchandise.

    He felt so ashamed that he didn't insist on calling me or a lawyer.
    First, he had no rights to call you or a lawyer. Then, why would be be ashamed if he didn't attempt to steal the perfume? I know if I was accused of stealing when I wasn't stealing, I surely wouldn't be ashamed. I would be angered.

    Do they not consider a person's situation and past history when filing such serious charges?
    how are they supposed to know his past history? and how are they to know a persons situation?

    all they know is they apprehended a person that appeared to be shoplifting.

    If your father is truly innocent, he should consider pleading not guilty. Maybe it was actually an error on Macy's part. That is why we have courts.

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