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  1. #1
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    Dec 2012
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    Default Shoplifted During an Absent Seizure

    My question involves criminal law for the state of: California

    It was about 6 months ago. I have epilepsy and had an absent seizure and took some make up during and put it in my bag. I dont remember any of it. I signed a paper and police were not called. I got my picture taken as well. I received the bill or whatever it is called and payed the $300. I just want it to go away. So I need to know if this is on my record or not? Can they come after me after paying them the money? I also have a letter that says that "Walmart hereby releases MY NAME from all statutory civil penalties arising out of this incident in the Walmart store number #### on ##/##/####" then it says right after that " This release does not apply to claims for restitution or other matters which the store may have against MY NAME" What does this even mean? It is causes me so much stress and I really need to forget about this but I cant. Please help me and Thank you so much.

  2. #2
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    Jan 2006
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    If the police were not called and you paid the civil demand, chances are it is over. If the police were not involved, there is no criminal record.

  3. #3
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    Dec 2009
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    I may not be an expert on epilepsy, but I've never heard of people engaging in complex purposeful actions during a seizure.

    Anyway, the release you received means that Walmart agrees not to sue you for that particular shoplifting incident. They still have a year to file a police report, but they may choose not to. Since you haven't been charged with a crime, you have no criminal record; a civil demand is, as the name implies, a civil matter.

  4. #4
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    Dec 2012
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    "During a complex partial seizure, a person cannot interact normally with other people, is not in control of his or her movements, speech or actions; doesn't know what he or she is doing; and cannot remember afterwards what happened during the seizure. Although someone may appear to be conscious because he or she remains standing with their eyes open and moving about, it will be an altered consciousness—a dreamlike, almost trancelike state.
    Often accompanied by movements called automatisms. These may include chewing movements of the mouth, picking at clothes or fumbling.
    A person may even be able to speak, but the words are unlikely to make sense and he or she will not be able to respond to others in an appropriate way." http://www.epilepsyfoundation.org/ab...tial/index.cfm.

    Just for fact.

  5. #5
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    None of which describes the actions it would take to pick something up and put it in your bag.

    Nice try, though!

  6. #6
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    Quote Quoting Chickensalsa
    View Post
    "During a complex partial seizure, a person cannot interact normally with other people, is not in control of his or her movements, speech or actions; doesn't know what he or she is doing; and cannot remember afterwards what happened during the seizure. Although someone may appear to be conscious because he or she remains standing with their eyes open and moving about, it will be an altered consciousness—a dreamlike, almost trancelike state.
    Often accompanied by movements called automatisms. These may include chewing movements of the mouth, picking at clothes or fumbling.
    A person may even be able to speak, but the words are unlikely to make sense and he or she will not be able to respond to others in an appropriate way." http://www.epilepsyfoundation.org/ab...tial/index.cfm.

    Just for fact.

    yes, such actions are often described as a person "zoning out" as they generally stare off into space. The motions you describe would be something akin to a tic or other random movements. They do not present as intentional acts such as when one would be stealing merchandise.

    Now, there are illnesses that do present as you claim your epilepsy has but they are not nor related to epilepsy.

  7. #7
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    Dec 2012
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    3

    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    "This is often followed by chewing movements with the mouth, picking at or fumbling with clothing, mumbling and performing simple, unorganized movements over and over again. Sometimes people wander around during complex partial seizures. For example, a person might leave a room, go downstairs and out into the street, completely unaware of what he or she was doing. However, if a complex partial seizure suddenly begins while someone is in the middle of a repetitive action—like dealing cards or stirring a cup of coffee—he or she may stare for a moment then continue with the action during the seizure, but in a mechanical, unorganized kind of way."

    "Lack of public understanding has led to people with complex partial seizures to be unfairly arrested as drunk or disorderly, accused by others of unlawful activity, indecent exposure or drug abuse—all because of actions produced by seizures."

    http://www.epilepsyfoundation.org/ab...tial/index.cfm

    Same source. This kind of thing happens more than people think and it is because of ignorance and a lack of understanding. As you said you are no expert on epilepsy, this is not a neurological debate. Nor was the question IF a seizure took place. It is a legal question.

  8. #8
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    Completely different kind of motions. I may not be an expert in epilepsy (though I am not the person who made that comment), but I am able to read.

  9. #9
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    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    Quote Quoting Chickensalsa
    View Post
    "This is often followed by chewing movements with the mouth, picking at or fumbling with clothing, mumbling and performing simple, unorganized movements over and over again. Sometimes people wander around during complex partial seizures. For example, a person might leave a room, go downstairs and out into the street, completely unaware of what he or she was doing. However, if a complex partial seizure suddenly begins while someone is in the middle of a repetitive action—like dealing cards or stirring a cup of coffee—he or she may stare for a moment then continue with the action during the seizure, but in a mechanical, unorganized kind of way."

    "Lack of public understanding has led to people with complex partial seizures to be unfairly arrested as drunk or disorderly, accused by others of unlawful activity, indecent exposure or drug abuse—all because of actions produced by seizures."

    http://www.epilepsyfoundation.org/ab...tial/index.cfm

    Same source. This kind of thing happens more than people think and it is because of ignorance and a lack of understanding. As you said you are no expert on epilepsy, this is not a neurological debate. Nor was the question IF a seizure took place. It is a legal question.

    Actions and movements are typically unorganized, confused and unfocused during a complex partial seizure.
    unorganized movements. Shoplifting is not the result of unorganized movements. In fact, it requires several movements specifically designed (organized) to effect a particular result.

    As to the legal question; spend about $10k and hire a doctor versed in the subject to testify that what you describe could happen due to your specific case of epilepsy.

  10. #10
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: I Shoplifted at Wal-Mart in Ca, I Am Scared and Lost

    This kind of thing happens more than people think and it is because of ignorance and a lack of understanding. As you said you are no expert on epilepsy, this is not a neurological debate. Nor was the question IF a seizure took place. It is a legal question.
    Oh, sweetheart, no, it's really not. What you're asking us is if you can use the fact of your epilepsy as a "get out of trouble free" card, and the answer is NO.

    I worked for several years with an epileptic prone to absent seizures, and there's no way on this Earth that she was coordinated enough to snatch merch and stuff it in a bag when she was off in Seizureland.

    You want us to feel sorry for you because you can't forget about your idiotic actions - and don't you DARE claim that the epilepsy - but you're in the wrong place for sympathy. You got an answer to your "legal" question. If it doesn't suit you, that's not our problem.

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