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  1. #1

    Default Banned from a Mall After Accidentally Shoplifting Jewlery

    My question involves criminal records for the state of: CONNECTICUT
    It happened just two days back. I went to Sears to buy a jacket .I saw few others items and tried them in the dressing room but i didn't like them so i kept it where it was . while going to the checkout counter there this jewelry section. I saw this bracelet which was $7.99 after the discount from $18.99.I was trying them on . I was trying the bracelet on and also looking of other stuff(earrings, necklace) that can go with it. Then I realized that I was getting late to pick up my kids . So I left all the stuff that I had in my hands behind thinking to come back later. I was in a hurry because my kids ( twins who are in Kindergarten) had a early dismissal that day and I had to pick them up from the bus stop. If i am not there, the bus will take them back to school. While paying for the jacket at the counter and I was on the phone talking to the school if they can stop the kids to get into the bus so that i can go to school and pick them up. But they were already in the bus. So you know how much hurry i was in and also my husband was out of town. The moment i walked out of the first door the Sears officials came and ask me to follow them in the Sears Office. Where i explained my entire situation and tired to explain that it was not intentional. It was totally accidental. But they didn't believe me . They made me sign this paper which said that they have prohibited me of the entering the entire Mall area for one year. I don't know what to expect from them If they send any letters from police or any further actions. It is very disturbing as whatever happened was not my intention.Will this go to my record? What happens if i go to the other stores in the mall after one year and they recognize me as a shoplifter from Sears .That is very embarrassing. Do you think such things happens?Please help...

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    What did you take and how did you take it?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Yours is not the first time law enforcement has heard, "It was not intentional". Heck, yours is not the first time they had heard it THAT DAY. There's no reason they should believe you when they hear something that just about every deliberate shoplifter tells them.

  4. #4

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    @ mmmagique- First of all I didn't take anything . I tried the Bracelet on my wrist and looking for the matching earrings and necklaces to go with it. When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?

    @cbg- you are right . I know they don't believe me. They think that i must be using my kids name in this case to get sympathy from them and let me go. Instead I accepted that i was guilty even though i was not. the only thing i didn't agree with them was it was "Intentional" and i came to the store with the "Intention" of stealing which is not true.. and I didn't want my kids to go to foster care that a might the school take as an action for not picking Kindergartener from the bus stop/ school after knowing about their schedule . I know that they hear this kind of things from the Professional shoplifters. But they are Professional.

    I am looking for some advice - the store hasn't pressed any charges as yet or as much as I am aware of, they have only prohibited me from entering the premises and they didn't report to the police as I know. The question is - can they still report it to police? and if so, how do I defend my self and avoid a permanent record?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Quote Quoting juliarogers246
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    @ mmmagique- First of all I didn't take anything . I tried the Bracelet on my wrist and looking for the matching earrings and necklaces to go with it. When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?

    @cbg- you are right . I know they don't believe me. They think that i must be using my kids name in this case to get sympathy from them and let me go. Instead I accepted that i was guilty even though i was not. the only thing i didn't agree with them was it was "Intentional" and i came to the store with the "Intention" of stealing which is not true.. and I didn't want my kids to go to foster care that a might the school take as an action for not picking Kindergartener from the bus stop/ school after knowing about their schedule . I know that they hear this kind of things from the Professional shoplifters. But they are Professional.

    I am looking for some advice - the store hasn't pressed any charges as yet or as much as I am aware of, they have only prohibited me from entering the premises and they didn't report to the police as I know. The question is - can they still report it to police? and if so, how do I defend my self and avoid a permanent record?
    Sears cannot ban you from the entire mall. Only mall security could do that. They can however ban you from Sears. While they still could call the police if they wanted to do so, its highly unlikely that they will. Generally, if they don't call the police immediately they are never going to call them.

    You are likely however to receive a civil demand letter from their attorneys, asking for at least a couple of hundred dollars...so plan to put some money away to cover that.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Quote Quoting llworking
    View Post
    Sears cannot ban you from the entire mall. Only mall security could do that
    Bad advice. Actually anybody empowered to do so may an the mall may have given them such authority. You risk a real criminal charge for trespassing even if you slide on the theft charge.

    As far as Sears go, I don't even go in there these days even without being banned. Scummy, disorganized, and well on their way to going out of business.

    I'd lose the massive chip on your shoulder. Nobody is inclined to believe the "unintentional" argument and "casual" as opposed to "professional" shoplifters are as big of a problem as anything else.

    I'd give it a respectful waste of time and write mall management asking for permission to return.

  7. #7

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Quote Quoting llworking
    View Post
    Sears cannot ban you from the entire mall. Only mall security could do that.
    Ya, that is not accurate. If the Mall has an agreement with the retailers that the store's bans are enforced by the Mall , it is good.. Sears just has to forward a copy of the paperwork to the Mall. I see this all the time.

  8. #8

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Quote Quoting llworking
    View Post
    Sears cannot ban you from the entire mall. Only mall security could do that. They can however ban you from Sears. While they still could call the police if they wanted to do so, its highly unlikely that they will. Generally, if they don't call the police immediately they are never going to call them.

    You are likely however to receive a civil demand letter from their attorneys, asking for at least a couple of hundred dollars...so plan to put some money away to cover that.
    I am ok with paying the civil demand, if it closes the chapter? How long does it take for the store to send the letter?

    Does a civil demand letter go to my permanent record? That's my main concern.

  9. #9
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Quote Quoting juliarogers246
    View Post
    I am ok with paying the civil demand, if it closes the chapter? How long does it take for the store to send the letter?

    Does a civil demand letter go to my permanent record? That's my main concern.
    No, a civil demand letter does not go on your records at all.

  10. #10

    Default Re: Accidental Shoplifting and is Banned for Entering the Entire Mall Area for One Ye

    Quote Quoting juliarogers246
    View Post
    When I am there in the store to buy some jacket which is worth of $69.99. Do you think i will not be able to pay $8.99 for a bracelet?
    The majority of shoplifters HAVE enough on them to pay for the things they steal. It's not about having ABILITY to pay, it's about having the INTENT to pay, or not.

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