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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Banned from Walmart for Accidental Shoplifting

    My question involves criminal law for the state of: New Mexico
    A few months ago I was in wal mart with a friend. I had several small packages of cards as well as a number of other things. When we were checking out one of the packages of cards didn't get scanned fully. As a result, I didn't get charged for it and the thing didn't get demagnetized or whatever that does.
    As we're leaving the exit the doors go "BOOMP" We're sorry something rather, and the lady asks me to see a receipt. I show it to her, she looks in the bag and counts five packages of cards, not four like the receipt shows. So I'm asked to go to the back.
    While in the back the manager gives me a lovely talk on how people like me make him sick while we wait for the police to arrive. I tried to explain but he didn't seem to care much.
    The police arrived, said the manager was very irritated and didn't want me in the store anymore. Something about if I come back it's trespassing and I can be arrested.
    However: I didn't sign anything. All they did was take my name, they didn't even ask for an I.D. They didn't take my picture, they didn't take my finger prints. I didn't get a court summons, I had no court date, and I have not heard anything about it since. This was also at 1 am so it was the night manager and the night shift people.
    Thing is it's a small town. It's basically the only store available to go to for pretty much everything since walmart ran the smaller stores out of business years ago. I kinda have to go there.
    The cash value of the booster pack was about four dollars, which I had fully intended to pay.
    I have a few questions:
    Am I able to go to wal mart?
    If I decide to go to wal mart to shop and disregard what they say out of necessity for their goods, would I be able to pay with a debit card, credit card, or check?
    Am I able to go to other wal marts around the country without incurring their wrath?
    *Also, will this appear on any sort of criminal record? I am unsure of the workings of such things.

    Thank you for your responses ahead of time. I've read a great number of forums with similar threads but nothing I've read quite falls into my exact category. Everyone else had to sign something or got their pictures taken or had to go to court.
    Sincerely,
    A frustrated shopper

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Banned from Walmart for Accidental Shoplifting

    Wal-Marts normally only trespass for the store involved. Since you were informed, by the police, that the manager was trespassing you....you cannot return to that Wal-Mart without risking arrest for trepass. Most places will issue a written trespass warning as well but it is not required in all jurisdictions.

    If you return there you can use whatever kind of payment method you like. They aren't likely to go to the trouble of tracking you for one booster pack. They might pull the transaction up if someone recognizes you and wants confirmation it's you prior to calling the police to have you arrested.

    You have no criminal right now. Is it possible a summons or citation might show up soon? Yeah but don't sweat it til it happens. If you return to the store and are arrested for criminal trespass, that's when your criminal record will start. It's sounds like he may have called the police to issue the trespass warning, which they did.

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