Two Shoplifting Charges in One Year

[Somersault]

My question involves criminal law for the state of: Colorado

My question involves criminal law for the state of: Colorado

I honestly can't believe sequence of events that has happened this past year and understand if you don't, but I just want to say that as a mom of three little ones (6, 3 (with special needs) & 3months), I have no time or need to make this up on a forum.

Last May, went to Best Buy w/ my kids (youngest wasn't born yet). My daughter had to use the rest room. We went in and left at the same time as another mom/daughter & there was 3 people in there already... I know, busy for a Best Buy bathroom. We went back to what we were looking at (DVD's) & loss prevention came with an opened camera box. Said they found it in the bathroom trash. I showed them my purse/snack bag/everything. They said ok, you can go. Went home, my husband was upset by the way they handled it, called & ended up talking to police. Police came to our house, gave me a ticket for stealing a camera. Hired an attorney, took it to court, in court learned that my attorney hadn't even looked at the video surveillance and didn't feel the need to bring up any of the flaws in their story. Was found guilty. On my record forever & spent over $4,500.

Last November, was in a car accident. I was turning left, a car ran a red light, but because I was turning 10 ft before the light instead of at the light, it didn't matter that they ran the red. It was my fault, got a ticket (was reduced from $500 to $200).

Here's the kicker, last week I was accused of shoplifting again! My kids & I got groceries at King Soopers, then took my daughter to swim lessons. When we were leaving, my son had a poopy diaper. Changed it in back of car. Needed a bag for the stinky diaper so I shuffled our groceries around and put a few things in my purse, so I could use the grocery bag for the dirty diaper. My husband called on our way home and asked if we could pick up a few things. So we stopped at Safeway. Got our groceries, paid and then just as we were walking away, this big guy came up behind me, grabs my arm and says "what's in your purse?". My automatic reaction was to pull away from this guy. I had no idea he was loss prevention. I took a couple steps away from him. He yelled "call the police", then yelled at me to give him my purse & before I could take it off my shoulder, he grabbed it so hard it tore. I told him it was from a different store and that I had the receipt in the car. Asked if I could go get it. He pushed me back & told me to go upstairs. (side note: I'm 5'3" 110lbs & a former preschool teacher who was talking about making May baskets with my daughter when I was approached... I'm in no way threatening)

My kids & I went upstairs (my 6yr old daughter hysterical & 3month old crying cause he was woken up & hungry). I asked if I could feed my baby, he said "no". He lectured my on how bad steeling is, how I was an awful parent to do this with my kids, and told me to shut up and be quiet or he'd call social services to take my kids away... I have never seen my daughter so upset, ever. Breaks my heart Police came; I asked if I could feed my baby & they said after they searched me. Told the police I had the receipt in the car. Their response was "there's no excuse" and that they "have to give me a ticket". Was told to sign papers or Id be taken into custody. So signed everything while breastfeeding my baby and my daughter crying/screaming. Honestly, not sure what I signed. At the time, didn't care. I just wanted to take my kids home. A police officer escorted us to my car. I asked if I could show her the receipt, she said "At this point, it doesn't matter"

I had mascara, band aids, a birthday card & peppermint tea unopened in my purse.

I can't afford to hire an attorney, yet my husband makes too much to qualify for a free one. Both shoplifting cases, I just feel like it doesn't matter what I say or do. I'm planning on pleading no contest.

Should I try to speak with the DA and show my receipt? or does it really "not matter"?
Does my car accident ticket affect this at all?
I know no one can predict the future, but in CO does this sound like jail time? & if so would that be right after I plead no contest? Because my 3yr old has several surgeries coming up & my family really needs me! Should I push that court day back as far as I can?
Other than hire an attorney, is there anything I can do?
The two shoplifting incidents are a couple weeks shy of being a year apart, does that make this a felony?

Thank you SO MUCH for your time!!!

[flyingron]

Are you asserting the items in your purse were ones you had purchased and had a receipt for? You certainly can try but let me tell you, once charges are filed, the DA is specifically disinclined from talking to you.

Why on earth would the car accident have to do with anything? The bigger issue is that you are already a convicted thief. I don't know what on earth your husband did the first time or what the issue with the lawyer was, but that's all water under the bridge now.

What do you think you're going to achieve by delaying tactics? In fact, absent some compelling reason (like you are seeking counsel, and if you get a continuance to seek counsel it would behoove you to actually have a lawyer with you on your next date), you won't be able to do so.

No, this isn't a felony. They may be disinclined to leniency this time because of your criminal history. A M2 is still subject to up to a year in jail.

You most definitely need a lawyer. I have some real doubts about the details here (and I don't want to start an argument), get a lawyer and be absolutely truthful with him.

[Disagreeable]

This thread reminds me of the joke about the body of a black man found at the bottom of a pond in the 1950's. It was wrapped in chains attached to cement blocks, was stabbed 23 times and shot 4 times. When a news reporter asked the Sheriff his opinion he said it was the worst case of suicide he'd ever seen.

[PandorasBox]

You need a lawyer. You really can't afford to NOT have one - another criminal charge is going to make life difficult for many years to come. It will affect future employment. If you ever need an apartment, you can be refused for having committed two crimes of moral turpitude.....

Yes, the police can pass the info to DCF for investigation since the kids were with you.

I agree with Ron...there are a few things in your story that I am questioning, too. #1 being - why change a poopy diaper in a car when stores have change stations in the bathrooms? #2 - you couldn't fit those few small items into another shopping bag?

You need a lawyer and you need to be honest with the lawyer. Ask the lawyer to get Discovery including video surveillance. LP does not pull you aside without damned good reason......

[Somersault]

I know how serious this is and how hard it will make life. I would have ended my life if it weren't for my love for my family. I've shed many, many tears. Please don't lecture me on how serious this is, I know. I'm in tears as I'm writing this.

I realize I should have tried to fit those items into another bag, but I didn't. I put them in my purse and yes, I have a receipt for them.

We were parked at a rec center, didn't notice he was poopy till I went to put him in his car seat. I was lazy and didn't feel like hauling everyone back inside to change him. Changing a diaper in the back of a car is not too uncommon. I've done it many times & prefer it to a dirty bathroom.

I am being honest, why would I care to lie on a forum. I didn't write all the details because it would have been pages long. Believe what you want, but please be nice. I'm not in a place where I can handle much criticism. And yes, I am seeing a therapist.

I only questioned pushing the court date back, because if I'm gonna go to jail. I wish it could be after my son has surgery, so I could be with him.

[Mr. Knowitall]

I know how serious this is and how hard it will make life. I would have ended my life if it weren't for my love for my family. I've shed many, many tears. Please don't lecture me on how serious this is, I know. I'm in tears as I'm writing this.

We can't discuss the facts you've shared and the legal issues if you expect us to walk on eggshells. If your emotional state is such that you cannot deal with this discussion, and even more if you're thinking about suicide, I suggest that you turn your computer off and call your therapist.

I am being honest, why would I care to lie on a forum.

On a regular basis we get people here who share their story and, when somebody points out the problems with their story, they change the facts. Why? Because they're testing their story to see if they can come up with a version that a prosecutor might actually believe.

Last May, went to Best Buy w/ my kids (youngest wasn't born yet). My daughter had to use the rest room. We went in and left at the same time as another mom/daughter & there was 3 people in there already... I know, busy for a Best Buy bathroom. We went back to what we were looking at (DVD's) & loss prevention came with an opened camera box. Said they found it in the bathroom trash. I showed them my purse/snack bag/everything. They said ok, you can go. Went home, my husband was upset by the way they handled it, called & ended up talking to police. Police came to our house, gave me a ticket for stealing a camera. Hired an attorney, took it to court, in court learned that my attorney hadn't even looked at the video surveillance and didn't feel the need to bring up any of the flaws in their story. Was found guilty. On my record forever & spent over $4,500.

If a jury found you guilty, then more evidence was presented by the prosecutor than, "We found an empty box in the bathroom after she left the room." We're not in a position to review that case. Typically, when somebody is targeted by LP after an empty box is found in the garbage, it's because LP observed them in the area where that merchandise is displayed, observed them pick up merchandise and not return it to the shelf, observed them go from that point in the store to the restroom, and after they left the restroom found the very same merchandise box, empty, in the trash. If something different happened in your case, you would have to tell us - assuming you want us to comment on that case.

Last November, was in a car accident. I was turning left, a car ran a red light, but because I was turning 10 ft before the light instead of at the light, it didn't matter that they ran the red. It was my fault, got a ticket (was reduced from $500 to $200).

Your accident is irrelevant to your present situation.

Needed a bag for the stinky diaper so I shuffled our groceries around and put a few things in my purse, so I could use the grocery bag for the dirty diaper.

You were in the car - why didn't you just set the items down inside the car instead of putting them into your purse?

My husband called on our way home and asked if we could pick up a few things. So we stopped at Safeway. Got our groceries, paid and then just as we were walking away, this big guy came up behind me, grabs my arm and says "what's in your purse?".

What would have caused him to believe you had merchandise in your purse?

I told him it was from a different store and that I had the receipt in the car.

Your prior shopping excursion was at King Soopers. With a car full of groceries from King Soopers your husband called you and told you "We need groceries you didn't know about when you went grocery shopping at King Soopers", so you stopped a second time at Safeway. These two stores are less than a mile apart?

Although there is considerable overlap between grocery stores, some carry different products. You had four items of merchandise in your purse. You have confirmed that all four are in fact sold by both stores?

When you buy packaged items, you'll find that they're labeled with information about their production. That way if there is a problem or recall the manufacturer can identify the product to be pulled from the shelves, or can respond to a customer's concern by verifying whether there was a problem with a particular production run. You may be able to track the items from your purse from point of origin to point of sale through that information.

Honestly, not sure what I signed. At the time, didn't care.

You had best find out.

I'm planning on pleading no contest.

Assuming the court will accept a "no contest" plea, it will be treated in the exact same manner as a guilty plea.

Should I try to speak with the DA and show my receipt? or does it really "not matter"?

I have not seen your receipt, so I cannot comment on the degree to which it might matter.

I realize I should have tried to fit those items into another bag, but I didn't. I put them in my purse and yes, I have a receipt for them.

It's not at all unusual for shoplifters to buy items, then return to the exact same store with a receipt and steal the exact same items. Some shoplifters will look for receipts in the trash around a store, then attempt to steal the items listed on the receipts they scavenge. Merely having a receipt from another store is not proof of innocence.

As previously indicated, I would be focusing on whether in fact both stores sold the items and, if the information remains available, tracking the items from your purse to try to document that some or all of them were shipped to the King Soopers and not the Safeway.

[bam!]

I second mr knowitall. A long, long time ago a lawyer sent a subpoena deuces tecem to a store asking them to produce records that showed the store actually owned the items. (IE truck logs with dates, shipping manifests etc). The retailers legal team blew this request off and at a bench trial, the defense attorney motioned for the case to be dismissed. And it was. The shoplifter who had stolen the items got off because the state could not prove them guilty.

Make the state prove your guilt.

Questions, what did you purchase at Safeway? Did you go down an aisle with product similar to that in your purse? Was this a manager or a LP person (there is a difference).

[Somersault]

I didn't "just set the items down inside the car instead of putting them into your purse?" because I've learned that it's not fun/takes a long time, to unload a car when items are scattered throughout the car.

My husband didn't call to say "get more groceries", he was making spaghetti & sauce, realized we didn't have enough sauce. Have you honestly never gotten back from the grocery store and realized you forgot something? So he called to see if I could pick up canned tomato sauce, green peppers, onion, jalepeno peppers. I also got bananas. So I went through the produce section, down the italian food isle, canned tomato wasn't there, so went up the canned food isle. On the way to pay, I had to go through an isle to get to the registers. Went down an isle with vitamins...wasn't paying attention to what else was on that isle. I've realized the problem came when my son's PT called. My phone was ringing and under everything in my purse. I didn't take anything out, but when finding my phone, my purse was wide open and the contents were probably visible. Loss prevention (it was loss prevention, not a manager) guy said that's when he walked by.

Thanks bam! When they tried to get the prices on the items in my purse, they would not scan. So an employee went and got items from Safeway that would scan. Safeway doesn't cary a couple of thing I had, so they got a different brand that would scan. I would have loved to take a picture of them doing this, but my phone was in my purse, and they refused to give it to me.

I understand that people find receipts in the parking lot, then go and get the items. However, my receipt has my name on it (Sooper card) and was paid with a credit card in my name, on the exact date, for the exact items that were in my purse, which would not scan at Safeway. (I still need to get the discovery to see if they mentioned that they wouldn't scan, or if there is video, cause otherwise I don't know how to prove it). This is why I'm so upset that they wouldn't let me go to my car to get it... someone could have walked me out to get it.

When suspected of shoplifting can loss prevention really just grab my purse (so forcefully it tore), before telling me who they are and why? And then refuse to give it back?

When detained, do I loose my right to feed my baby? I don't know about other states, but in CO mothers can breastfeed their baby anywhere. The few times someone has been told they can't, hundreds of moms have a "feed in" in front of the business where an employee told them they couldn't. But did I loose that right because I was being detained? ... I'm not gonna start a "feed in" in front of Safeway.

[Mr. Knowitall]

If there's any truth to your claim that the items you were accused of stealing were not the items found in your purse, your lawyer can subpoena the employees who supposedly switched the items, and point out that you were insisting upon those facts to the police from the moment they arrived. If there's any truth to your story, it's pretty much a given that Safeway has security cameras on its registers - so get the videos of those employee swapping and scanning the items.

If you believed the poopy diaper, spaghetti sauce, and traffic accident are relevant to your case, but not your newly added details about how the items you were accused of stealing woudn't scan and were supposedly switched for other items, you aren't competent to advocate for yourself and need to retain a lawyer. If you go to a prosecutor with the type of narrative you've shared here, you're going to sound like every other shoplifter who presents a steaming pile of excuses. And you already know what usually happens when the prosecutor presents to the jury a clear account of how you shoplifted, backed up by witness testimony, and you offer a rambling account of how it's all a big misunderstanding that is not supported by any independent witnesses or physical evidence.

[PandorasBox]

I will give you this.....if you truly are innocent of this....If this was me....at this point, I would have a FRIEND (not family member) go to THAT Safeway and inconspicuosly take photos of the area where the items they claim you took are. Also the outside of the store showing the address first.

For an example....you say an item was mascara that Safeway doesn't carry. Let's say it was Maybelleine and they don't carry that brand. They charged you for X Brand instead. You want your friend to get a photo showing the whole mascara section, and closeups as well (2-3 rows at a time).

I hope you have held onto your receipt. If you have yet to open an item from that list (if you have it) - do not open it now. You also want to bring these to your lawyer.

Again, be 100% honest with your lawyer. If you retain and lawyer and he/she discovers you are lying...you can be dropped, and the retainer will likely not be refunded.