My question involves criminal law for the state of: Ohio
Ok so, a week ago yesterday my friend and I went to a Macy's department store, now mind you I have been caught for shoplifting last March, but have since not taken the chance of stealing and getting caught again! I was with another friend at that time and together we had merchandise that was over $900. I had shoplifted quite a few times, as I was young and dumb so since I had gotten away with it many times I got cocky with it. Well needless to say, I learned my lesson from the outcome. I was charged with a felony because of the merchandise over $500 was what I had taken. I got a lawyer and had it taken down to a misdemeanor, 30 hours of comm. service, a $400 fine , plus civil demand fee, which I won't say how much but I'm sure you can guess it wasn't cheap, and I also got 30 days house arrest(another $400, as you can tell the price of being caught is not worth it at all). This was my first time ever being in any kind of trouble with the law! I was sick from what I had done and vowed to never take anything that didn't belong to me again. I was also banned from Macy's for some time period either 3 or 5 years I'm not sure.
I intended to never set foot in a Macy's dept store again, but my friend said that since it wasn't the place I had gotten in trouble she doubt they'd recognize me. Now I knew going in was considered trespassing and now I'm kicking myself in the ass because of it! My friend and I shopped in the woman's and children section which were on separate floors. Together we had a lot of items, but she was gathering the majority of clothing. When we were done browsing and ready to try on what we had picked out, we went to the dressing room that was located upstairs because that's where we were last. She had a shopping cart and I had my stuff in it and took my items out then went into a separate dressing room. Now when I walked in the dressing room it was a mess! Hangers and clothing everywhere. I tried on a few dresses, a shirt, and a bra. Only one of the dresses actually fit and when I looked at the price tag a second time I realized it was much above my price range so I decided not to purchase anything. I left the clothes that I had tried on in the dressing room and I cleaned up the mess that someone had left behind as well, still empty hangers were left because whoever had been in the room before must have either took them off and paid for them, or lifted them. I know a lot of lifting techniques and any shoplifter that knows what they're doing, would not leave hangers in a dressing room. As my friend and I were exiting the dressing room a lady asked us to get the sales clerk so she could have a bra fitting. We then kindly asked the sales clerk if she had time there was a lady that needed a bra fitting. She walked back to the dressing room along with another woman entering with clothing. My friend was contemplating purchasing a really summer shirt, but at last minute she decided not to purchase it. We browsed around some downstairs before exiting the store. We were driving out of the parking lot, she was driving (my vehicle because we were in the area she lived in which I was unfamiliar with) and as she was pulling around the store corner someone that worked in the store came running out saying something,I'm not sure who they were, but I didn't think they looked like an LP, but because she knew I was not supposed to be in Macy's we left.
I am not sure if my friend took anything from the store, but yesterday my husband answered the phone and the man said he was a detective from the city where the mall was. He was really confused because the man told him that they were charging his wife with theft. He told my husband the description of myself and my friend, and he said we took merchandise into the dressing room and came out with nothing. He said someone went in to take inventory of what was in the dressing room and they said $ 200 worth was missing. Now I'm not sure if they knew we were in separate dressing rooms or not, but all I know is there were things missing. I can honestly say I did not take anything that did not belong to me because I was currently in the process of having my theft charge expunged. I am only three courses short of receiving my degree so I would not take the risk of jeopardizing my future career, especially over just $200 worth of stuff! Besides that the items I took in the dressing room were probably only worth that much.
They told my husband they had me on camera and saw on the court docket that I was not supposed to be in Macy's for such time frame. They told him they had evidence of shoplifting, but they told him that they only contacted me because they had my license plate number and ran it through the BMV. They told him that since they did not know who was with me since it was my vehicle they are going to charge me with theft. They told him that I needed to come get my court summons or they would issue a warrant for my arrest and pick me up at my home. I called the number after my husband told me the man told him to have me call and I got his voice mail. So instead I called the police dept of that city. The receptionist tells me the man won't be in until Monday and I will have to wait to get my court summons until then.
Now my husband thinks that my friend may have taken stuff and they are only trying to get to her by going through me and if they can't do that, since my vehicle is on camera they will at least be able to charge someone for it. I have decided it is probably best I get a lawyer, but I am confused on the whole situation. Wouldn't my friend have had to conceal an item and they had to see it? Part of me thinks that since they found out I had gotten caught there before that I had to have done it, but I didn't. They have no proof of me taking anything because I didn't. I also am curious that the woman that was walking into the dressing room as we were exiting, may have went into the dressing room where this so called merchandise was missing from. The detective told my husband that the report said as soon as we left the dressing room we hurriedly got out of the store, which is untrue because as I said before we browsed around some downstairs at other items before we left. I feel I should not fear getting convicted because the only thing I did do wrong was being on their property, which the detective never mentioned anything about being persecuted for criminal trespassing just theft. Why wouldn't they charge me with criminal trespassing as well? My friend has offered to go in with me Monday to talk to them. She said she did not take anything, but I have a feeling she did because I know she used to lift a lot. She has never been caught, but I am afraid she has done just that and got me tangled in a big mess. Does anyone have any advice on this? I'm more shocked than anything because I did anticipate that I could be called about trespassing, but never about shoplifting!!!

