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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Charged with Vandalism at Macys

    My question involves criminal law for the state of: California

    My question involves criminal law for the state of: California

    I'm 27 and a first time offender. I went into Macy's fitting room to try on some clothes. I had a pair of scissors in my purse and foolishly decided to cut out the sensor on a shirt($29). Midway I realized what I'd done and regreted it. I felt horrible looking at the giant hole in the shirt. I then put the shirt back on the rack and left the store.

    As I was exiting, LP stopped me and took me in for the damaged shirt. They kept asking me if I had taken anything and searched my purse. They found no merchandise and asked for the scissors. I gave it to them and they took pictures it.

    The police showed up later on. He says that since I walked into the store wtih the scissors, I could get charged with burglary and that's a felony. Is this true? I use those scissors for cutting paper and tape at the post office.

    Later LP and the cop kept saying how lucky I was because they were charging me with vandalism. I signed some paper work, got finger printed, and received a court date.

    Whats going happen to me now? Am I going to jail? Do I have a criminal record now? Am I in a national database? If I go to court and plea guilty will Macys be able to charge me with burglary because of the scissors? This is so depressing and stressful. What should I do?

    I forgot to add that LP and the cop asked me a few times about my $100 bill and if I had more. Is this of any significance?

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

    Default Re: Charged with Vandalism at Macys,

    Quote Quoting Jinsnap
    View Post
    Whats going happen to me now?
    You will have to appear in court. You will also likely receive a civil demand from Macy's for the damaged shirt, their time,etc...minimum of a few hundred bucks.

    Quote Quoting Jinsnap
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    Am I going to jail?
    If you have an other wise clear history, it is unlikely. Probably just a combination of probation, restitution, community service and fines.

    Quote Quoting Jinsnap
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    Do I have a criminal record now?
    A record of your arrest now exists. Anything more will be determined at trial.

    Quote Quoting Jinsnap
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    Am I in a national database?
    Without knowing if Macy's participates in the Nat'l Retail Theft Database, and its rules for inclusion, we cannot say.

    Quote Quoting Jinsnap
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    If I go to court and plea guilty will Macys be able to charge me with burglary because of the scissors?
    Not likely they would even try if you plead guilty, but whether you do that or not is your decision. You may want to try and get a consult with an attorney or if you cannot afford one, plead not guilty at your hearing and request a public defender.

    Quote Quoting Jinsnap
    View Post
    What should I do?
    Speak to an attorney.

  3. #3
    Join Date
    Mar 2011
    Posts
    6

    Default Re: Charged with Vandalism at Macys,

    I don't know anything about shoplifting or vandalism. but I have been bullied by Police before.

    is anybody going to address the "walking into a store with the scissors equals burglary" banter? I know the OP has admitted their guilt but the question remains unanswered. It sounds like subterfuge to elicit a confession to me. and in such a case it is best to not say anything at all. is that right?

  4. #4
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Charged with Vandalism at Macys,

    Thank you for taking time to answer my questions. Your help is greatly appreciated!

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

    Default Re: Charged with Vandalism at Macys,

    Ok...OP went into a store.
    Fact....he/she did cut off a security tag, and got caught.

    As he/she had scissors in his/her possession, and used them in the commission of a crime - it is viewed as a Pre-meditated crime. Meaning OP entered the store with a Tool with the intent to commit the crime.

    OP should be very grateful the charge is Vandalism, and not Felony Burglary, which yes, he/she could have been charged with.

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