Cashier Didn't Ring Up Hand Wipes I Used While in Line

[gracie1125]

My question involves criminal law for the state of: california

Ok... I will try to make this short..
I was in a thrift store day before yesterday. I go there after my radiation therapy about 3 times a week. While I am there I purchase a small package of handiwipes to use while I am shopping.. 89cents .
I get to the check out.. Put all my items on the counter, mind you very small space. After I put everything on the counter, including wipes, I take a couple out, wipe my hands.
she rings me up and starts to bag and box some of the breakable items. She hands me the bags, box, which i put in the child seat of the cart.
I used a coupon, which she had to write up. While she is doing that I wipe my hands off again, take the wipes and throw them in the box.

I head out. my card sounds the alarm . So the nice man at the door. takes the bag through the door. nothing, takes the box, it goes off.
He looks through the box and says Ah the wipes have a sensor on them.. laughs and says I hope you have the receipt.
Hand the receipt to him............ no wipes on it. He asked the girl if she rang me up for them, she says no..

I am thinking, dang she missed them now i have to get back in line..
Not the case, I was arrested for shoplifting.

[cbg]

Gee, that's a shame.

Did you have a legal question, perchance?

[gracie1125]

ya, what can I do?

[LawResearcherMissy]

Consult with an attorney. If you can't afford one, plead Not Guilty at your arraignment and ask for a Public Defender.

[Disagreeable]

Your problem seems to be you did not purchase the wipes you were using and threw into your box. You missed the part where she rings them up, hence the charge.

[travelplus]

I would call the Manager of the store and tell them what happened. You should be innocent because you put the wipes back and on the checkout stand counter to pay. You did not conceal the item. I was thirsty while shopping so I grabbed a Diet Coke and at checkout I gave the checker the Coke and was rung up for it no problem.

You were falsely accused of shoplifting and the cashier lied by saying she did not ring you up for it at the time she should have admitted to her mistake and said"Oh I'm so sorry but I forgot to ring it up and she should have just let it go as it was 89 cents and you were willing to pay for it.

Being arrested over 89 cents is stupid especially since there was no intent to steal and you did not pass the final point of sale. You had your receipt showing all of your other purchases so they should have let you paid for the item.

I would ask for a Public Defender or call a lawyer who works on pro bono(will only pay if you win). If you win you can sue the store for all of your legal fees, and for your pain and suffering as you have a charge for a criminal record. Why would they arrest you for doing something you didn't do.

I would have your lawyer subpoena the CCTV tape to prove you did not steal the item and you just put it on the small counter to pay for them.

The employee should not be working for this thrift store because she should have admitted to her mistake as she clearly saw you use the wipes and put them back and ready to pay. If your receipt was for $50 you clearly had 89 cents to pay for the wipes.

You could also press charges for false detainment as well.

[LawResearcherMissy]

If you win you can sue the store for all of your legal fees, and for your pain and suffering as you have a charge for a criminal record.

No.

Why would they arrest you for doing something you didn't do.

Because they've heard "it was an accident" before.

Are you certain you've been here since 2006? Clearly, you don't pay attention to the dozens of similar posts we see weekly.

You could also press charges for false detainment as well.

No, she can't.

[travelplus]

BTW I can see why you put the wipes in the box because you clearly was under the assumption that the cashier rung up the wipes. Its not worth even going to court over and you should be sure that you do not have a criminal record. Plead Not Guilty and tell the judge that the store was not thoughtfully setup and if this was a new employee it is not your fault that she did not follow company protocol. The wipes were in clear view of the cashier whether you opened it or not you were going to pay for it.

You did not stuff the wipes in your pocket just in the box which you rightfully thought it was rung up.

In the future its best to check your receipt right away for any discrepancies and tell the cashier at the time. You did not even leave the store and you offered to pay for it so its not like you were going to steal it. If this were my store I would be glad that you are being honest about the mistake and would gladly allow you to pay for it or just let it go and say I appreciate your honesty.

[jk]

You could also press charges for false detainment as well.

seriously? She did have merchandise in her possession that was not paid for. Detaining her for that purpose would not be false detainment, even if it was for a mistake.

You have to realize; cashier was bagging/ boxing the items cashier rung up. OP picked up the wipes off the counter and placed them in the box. That was the OP's fault, not the cashiers. While I would agree it appears to not be intentional theft, the bottom line is; it did end up being unintentional theft, at best.

I would have your lawyer subpoena the CCTV tape to prove you did not steal the item and you just put it on the small counter to pay for them.

IF there are CCTV tapes, that is a good idea but I don't see how it will change what OP stated; OP picked up the item before it was rung up and put it in a box that contained items the cashier had rung up and put in the box.

Being arrested over 89 cents is stupid especially since there was no intent to steal and you did not pass the final point of sale.

she did pass the final point of sale (although most states laws don't require that) when she left the cashier station and attempted to walk out the door. Do you know what is worse than being arrested for 89 cents? Stealing something valued at 89 cents but yet, there are a lot of people that do it. Are you suggesting a merchant should simply allow a thief go if they take less than some value of merchandise that you believe would make it not stupid to be arrested for? Theft is theft.

The employee should not be working for this thrift store because she should have admitted to her mistake as she clearly saw you use the wipes and put them back and ready to pay. If your receipt was for $50 you clearly had 89 cents to pay for the wipes.

where is the employees error? OP put the merchandise in the box before cashier rung it up. Where did the cashier err?

If you win you can sue the store for all of your legal fees, and for your pain and suffering as you have a charge for a criminal record.

This is not Comedy Central website. From what the OP described, OP did take merchandise without paying, even if it was not intentional.

- - - Updated - - -

travelplus;653065]BTW I can see why you put the wipes in the box because you clearly was under the assumption that the cashier rung up the wipes. Its not worth even going to court over and you should be sure that you do not have a criminal record. Plead Not Guilty and tell the judge that the store was not thoughtfully setup and if this was a new employee it is not your fault that she did not follow company protocol. The wipes were in clear view of the cashier whether you opened it or not you were going to pay for it.

did you know that in many states (have not checked the OP's for specific application) it is actually illegal to open the merchandise prior to paying for it?

You did not stuff the wipes in your pocket just in the box which you rightfully thought it was rung up.

How can the OP claim that? Cashier had placed all the items she rung up in carry out packaging. OP picked up the wipes and placed them in the carry out packaging on her own.

In the future its best to check your receipt right away for any discrepancies and tell the cashier at the time.

You did not even leave the store and you offered to pay for it so its not like you were going to steal it.

so now you are suggesting you have to walk out the door before it is theft?

and a lot or people offer to pay for the merchandise once caught. That is meaningless in itself.

[PandorasBox]

I've seen it a lot of times....

Come to the department I was working, oops, there's an empty bottle of pop. Or in a store with a walk-in cooler, an entire empty six pack.

I've seen a kid munching on a bag of chips, but the chips are stale. Riiiight. So stale that you continue to let Junior eat them and don't pay for the bag, even though the kid has eaten a part bag.

See some stores with little fruit stands for the kids now? It's a nice way of saying "Your kid can select an apple/banana here, but please PAY for it". Did you know that handful of grapes a person comsumes without paying for could be called SHOPLIFTING? Because your kid/husband/you is eating the item and not paying for it?

Best advice ever - don't use it until you pay for it.