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  1. #1
    Join Date
    Apr 2011
    Location
    Michigan
    Posts
    3

    Default Retail Fraud With Video Evidence

    My question involves criminal law for the state of: Michigan

    I was shopping in a major department store 2 years ago. This store does not have any anti theft devices. The fitting rooms are always open, and there are no employees to count your garments.
    As I exited the store I was stopped in the parking lot by a plain clothes-ed young man. He appeared frightened. he asked me to return to the store. I told him I was late for an appointment and I would not. He then threatened to handcuff me if I did not comply. I informed him that unless he was a police officer he was NOT going to handcuff me and I was leaving. I opened my car door and told him again that I was late, and that if he needed anything else he could take down my plate number and I left.
    3 day later I was contacted by a detective. He informed me that he had video footage of me entering the dressing room (with many stalls and other customers) with specific merchandise, that was not found by employees after I had exited. Therefore, I must have stolen it and he was issuing a warrant. I denied his allegation ad nauseum for at least an hour over the phone. We hung up and that was that, or so I thought.
    2 years later I am stopped for a speeding ticket. The officer informed me that I have a warrant and told me to take care of it. So, tomorrow I will be arraigned. I have retained an attorney, but I would like a general consensus.

    What are the chances that they could obtain a conviction with only this evidence?? I was under the impression that they needed to catch you WITH stolen merchandise!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Retail Fraud: Just Video Evidence

    I was under the impression that they needed to catch you WITH stolen merchandise!!
    somebody gave you the wrong impression. Without knowing what evidence they do have, it is impossible to determine where this will go. Did they keep the tape? Does the LP guy that saw you walk out with stolen merchandise still work there?

    Tough to know what's going to happen.

  3. #3
    Join Date
    Apr 2011
    Location
    Michigan
    Posts
    3

    Default Re: Retail Fraud: Just Video Evidence

    No one saw me with anything! I walked out carrying only the ZIPPED purse I walked in with.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Retail Fraud: Just Video Evidence

    they may have a lot more than you realize, maybe not. As I said, it's what the do have that makes a difference. If they issued a warrant, apparently the DA thought there was enough evidence to prosecute you. If they didn't have anything, they wouldn't have even issued a warrant.

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Retail Fraud: Just Video Evidence

    These types of cases, if documented/investigated properly by LP, are often a slam dunk in court. These types of cases go to trial all the time, and absent an experienced defense attorney, the accused loses. Let's say you enter with 2 blue shirts. What you don't realize is that someone probably noted exactly which stall you entered. There may have even been someone from LP in an adjacent stall. Maybe they heard things that sounded like you concealing the shirts. You exit and LP immediately checks the exact stall you were in and voila! no blue shirts. The only reasonable conclusion is that you stole the shirts. You got lucky with it being what sounded like an inexperienced LP stopping you. He could have detained you physically and it's all perfectly legal.

    So, did you steal the items they are accusing you of stealing?

  6. #6
    Join Date
    Apr 2011
    Location
    Michigan
    Posts
    3

    Default Re: Retail Fraud: Just Video Evidence

    Lets just say I CANT have "retail fraud" on my record... I have NO criminal record.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retail Fraud: Just Video Evidence

    Translated - yes, I did, but I'm not going to admit it.

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

    Default Re: Retail Fraud: Just Video Evidence

    Quote Quoting bnb
    View Post
    Lets just say I CANT have "retail fraud" on my record... I have NO criminal record.
    Then you'd better start shopping for that experienced defense attorney I talked about cause that's about your only chance of keeping this off your record. I don't think you're going to be able to make the charge go away completely anyway unless you take it all the way to trial and your attorney pulls it off for you. That's gonna cost you a fair bit of $$$$.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Retail Fraud: Just Video Evidence

    Realistically, jk hinted at the best chance of getting out of the charge - the possibility that the LP and other store employees involved have gone on to other jobs and can't be located to give testimony. If they still work for the store, or if the prosecutor subpoenas them to trial, I would expect them to put together a solid case. If they have video of you going in and out of the dressing room, and the video shows a store employee entering after you left (before other customers used the room, consistent with confirming that you did not leave behind the items you were stealing) it's a tough one for the defense.

    Is this the only time you've been caught? (We all know it's not the only time you have shoplifted, so let's not even go there. )

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