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  1. #1
    Join Date
    Oct 2009
    Posts
    16

    Default Mistaken Shoplift Accusation

    My question involves criminal law for the state of: TX

    A couple of months ago, I was in a big name retail electronics store. I made my purchase and walked out of the store. As I was getting to my truck, an unidentified man ran up to me and grabbed me by the shoulder. I pushed him away and told him to get away from me. Next he grabbed for my legally concealed handgun on my waistband. As he did that, I grabbed his arm and broke it. He went down. I am about 6'0 and 280. The guy with the broken arm was about 5'7 and 130 so it did not take much.

    As soon as I did that, another guy ran up and identified himself as the Stores Loss prevention. A third guy drove up in his golf cart and blocked in my truck. They asked me to come into the store and I refused. I also started dialing the police. They told me the police were already on the way, but I called anyway.

    We sat in the parking lot for 30 minutes waiting on the police and ambulance. as soon as the police arrived, I immediately said I wanted to the man with the broken arm arrested for attempted assault (He was not arrested, but I wanted it on record that I asked for him to be). The Loss prevention explained their side of the story and I explained mine. He asked to see my ID and I showed him my drivers license and my concealed handgun license. He took me to the side and frisked me. Asked If it was my gun and I said yes. He ran my info through his computer and everything came back ok.

    We then went back over to the LP guys and they demanded to know what I had under my shirt. They were certain that I had taken something, but they were not sure what. They just saw a slight impression under my shirt as I bent over to look at something in the store. The officer told them it was none of their business and asked if they had anything else to hold me on. They were very persistent on me raising my shirt but I refused and the officer told them again they had no right to see and that I had not taken anything from their store. The officer also reminded the first LP officer with the broken arm that he might want to announce who he is next time before grabbing someone who is twice their size. Everyone went their separate ways, although the LP guys were not happy at all.

    Fast forward to today and I get a Civil demand letter from them for $250. They are accusing me of shoplifting. I still have the officers information, but how should I play this out. I have not seen anything as far as legal paperwork goes, but I also refuse to pay $250 for something I did not do and I do not want this affecting my credit score. I have not been back to this store since then.

    What should my next step be?

  2. #2
    Join Date
    Mar 2011
    Posts
    15

    Default Re: Mistaken Shoplift Accusation

    You should definitely not pay it. Though I am not a lawyer, based on details of your question, I would say, they have no evidence to prove that you stole something, if they did they would have handed that information to the police and you would have been charged for a criminal offense. The fact that you are not charged with anything suggests that they dont have enought evidence and therefore even if they tried to sue you in a civil court (which is different from a criminal court) they can not win their case without an evidence. Your credit gets affected only if they win their civil case against you and you decide not to pay them after losing it.

    So if I were you I would just write to them that I have not stolen anything and I have not been charged with anything, therefore I am not liable for any damage claim the store is making.

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