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  1. #1
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    Aug 2011
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    Default Shoplifting - Didn't Leave Store and Entered with Items to Return

    My question involves criminal law for the state of: Ohio

    I entered a store with items to return. I exchanged, returned, some kept. I then sat down and ate lunch with my kids in the store, forgot to grab the barcode off the back of the item and threw them away. I purchased some additional items, was going to stop at the Redbox/check the weather and come back into the store to pay for other items in cart lady missed - I was stopped and taken where "I'd been watched stealing stuff for 2hrs." Also, because I walked past the cash wrap I was told that means I'm legally punishable. They took all my receipts, all my items, both things I brought into the store, things out of my purse, etc. An officer processed me in the LP room. No picture, no fingerprints, I have a perfect record. No official charge yet. I'm told they need to add it all up - prob $500/fraud, etc

    Please help. Any advice - what can I do, I'm trying to find an attorney. Is this normal, will I get my things back?

  2. #2
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    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    Your description of what happened and of what you're accused of doing is cryptic. Yes, it's clear you're accused of trying to steal something. Beyond that....

    The items you returned, obviously, were returned. They wouldn't appear to be relevant.

    The items you brought back to return but kept? If the store has security cameras, perhaps there's footage of you entering with the items or of their being in your possession when you returned the other items immediately after arriving at the store.

    I have no idea what the statement, "forgot to grab the barcode off the back of the item and threw them away" is about.

    If you purchased additional items, you would have a receipt for those items and the store would have a record of the sale.

    If you made a purchase then left the store with additional unpaid items, supposedly planning to "come back into the store to pay for other items in cart", I think that's going to be a tough sell. Why wouldn't you have purchased everything in the cart when you purchased the items you did pay for?

  3. #3
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    Aug 2011
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    4

    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    Thank you for your response.

    About the items we ate - they were $1 lunchables, I tore off the paper backing with the barcode on it to bring to the register later, but wasn't thinking and threw it away on accident. I had over $500 in cash on my person, obviously all this is not worth $4.

    The additional items I didn't know were in the cart, ie, under the cart, under my kids feet, under my babies blanket.

    Walmart took all my receipts - I have no copies, all I have is my bank statement. Two items I didn't have receipts for either.

  4. #4
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    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    The problem with claiming "I forgot what I had in my cart (all $500 worth) in addition to forgetting to pay for the food I ate," and "I accidentally hid the items under my kids, their toys and blankets and forgot I had them" is that 99.9999999 times out of 100 the people making those claims are lying. So whether or not you're telling the truth, it's difficult to get anybody to believe you. "I had enough cash with me, so why would I have stolen," is another excuse as old and tired as the hills. Browse the forum and see how often we hear those lines, even from people who are obviously shoplifting or later admit that they were shoplifting. Another: "If I had intended to steal the items I would have hidden them better."

    I thought that up to now your explanation was "I was going to stop at the Redbox/check the weather and come back into the store to pay for other items in cart lady " - so which is it? You forgot that you had merchandise hidden in and under your cart, or you were going to rent a movie and check the weather before paying for the items?

  5. #5
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    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    (1) Never eat food until you have paid for it and have the receipt.
    (2) Actually, the minute you ate the food and threw away the packaging is when you were legally punishable.
    (3) Things the cashier missed...or things you did not put on the belt? As the shopper, you are responsible for making sure items don't fall under Junior's feet, under the baby blanket, under the cart. (3 areas?)
    (4) Two items you did not have receipts for....well, when making a return, you usually stop at the greeter, check in with that person.....did you do this?

  6. #6
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    Aug 2011
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    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    No, my story has not changed. It was only once I stopped at Redbox/to check the weather that I noticed my cart, the kids standing on something. A split-second later I was being escorted to LP.

    Yes, I understand the condemning and assuming position. Obviously, some of the $500 worth of things I had brought into the store - around $300 of it. $200 was returned and about $100 in the cart. My question is in regards to: How do I get my items back? No one looked into or checked my bags on the way in. Sorry, I'm not a return enthusiast and didn't know that was even someone to look for.

    Got it, I'm guilty. What if there's no video evidence? Just an employee's word against mine? What about that I didn't leave the store?

    So, I plea guilty for it all and go to jail on a 5th degree felony? Shouldn't a lawyer be on my side and fight for something else? I don't mind the community service/probation if I have to. I would like nothing on my record and no jail time. Is this a reality?

  7. #7
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    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    Quote Quoting naes04
    View Post
    Got it, I'm guilty.
    More accurately, whether or not your story is true, you look guilty and your story is one that everybody's heard a million times from people who are guilty. If it makes you feel better (and I don't expect that it will), pretty much every person who accidentally takes merchandise from a store encounters that same issue - shoplifters have abused the heck out of pretty much any plausible explanation.
    Quote Quoting naes04
    What if there's no video evidence? Just an employee's word against mine?
    Then to the extent that stories diverge, you had best hope that people believe you over the employee. But it could be that the employee gives the same essential story as you - you ate food you didn't pay for, bought a few items, then tried to leave the store with other items that you had not paid for hidden in your cart.
    Quote Quoting naes04
    What about that I didn't leave the store?
    As others have been told before you, that's no magic bullet. You went past the registers after making your declared purchases with unpaid merchandise.
    Quote Quoting naes04
    So, I plea guilty for it all and go to jail on a 5th degree felony?
    You can consult a lawyer about what you should do and what plea bargains might be available, should you decide to plead guilty.
    Quote Quoting naes04
    Shouldn't a lawyer be on my side and fight for something else?
    By all means hire a lawyer or petition for a court-appointed lawyer. Nobody here is going to tell you to do otherwise, and most will actively encourage it.
    Quote Quoting naes04
    I don't mind the community service/probation if I have to. I would like nothing on my record and no jail time. Is this a reality?
    If your record is clear, jail time is unlikely. (See the stickied threads.) Whether or not you can get some form of dismissal is something best discussed with your lawyer.

  8. #8
    Join Date
    Aug 2011
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    4

    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    Thank you for your help - I understand the situation and your perspective. I appreciate the viewpoints.

  9. #9
    Join Date
    Mar 2009
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    Michigan
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    Default Re: Shoplifting - Didn't Leave Store and Entered with Items to Return

    All major (and many minor) stores have a Greeter at every door. The stores have a policy to follow - bring in receipt and item to be returned, bring it to the greeter first, then the Return Counter. If you are unsure, you ask at the door.

    There will be video evidence. There will also be the LP's who watched you who can and will testify.

    Look, you admitted to the food....you ate it, meant to pay for it, oops, you threw the price tags away....At this point, you should have asked for a manager.

    Your kids hit items with a total of $500? Again, it has been heard. YOU are the shopper. It is your responsibility, no matter how many kids, to pay for each item put in the cart.

    You claim you did not leave the store....but you did eat items and throw out the tags; and you did have concealed items that went past the last Point of Purchase area. If you were by the Red Box, you were technically past the Greeters.

    Yes, you can have a lawyer on your side. There are two ways of doing this.
    - Hire a Criminal Defense Attorney (expect $1500)
    - Plead Not Guilty, ask for a Public Defender ($250+)

    Nothing on your record....you need the Criminal Defense Attorney to see if that is possible.

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