Page 1 of 2 1 2 LastLast
Results 1 to 10 of 19
  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default Wrongly Accused of Switching Clothes While Trying Something On

    My question involves criminal law for the state of: California

    The other day after doing some shopping at a Wal-Mart, I was stopped by Loss Prevention(I don't believe they officially introduced who they were), on my way out with my cart of purchases, and the LP lady said that the shirt I had on was not my shirt; that they have my "real" shirt, and for me to come with them. They asked me for my I.D which I gave to them and they took me to a backroom, where I guess they monitor the cameras in. They had me empty my pockets, and asked me if any of the stuff in my pockets was stolen, I told them and said no. They took down my I.D. Info and asked me for my social security number, which I gave them, thinking this is ridiculous, they'll realize their mistake soon enough. They told me if I'm truthful, they'll have me out of there quick. They said that they're gonna bring in what they called my "real" shirt. I took a look at the shirt I had on thinking, "Oh man!, did I accidentally switch one of the button shirts I took into the dressing room with the dress shirt I came into the store with?". But nope! The shirt I had on had the food stain that it always has(I'm on the poor side and haven't really had a "life" for awhile, so my clothes are never too clean), it was indeed my shirt, the one I wore to the store that day. I mentioned the stain but they said it's because I had been wearing it awhile. And then thinking back, I realized I didn't even take a shirt quite like it into the dressing room.

    I kept denying it, but they just kept repeating that "We don't make mistakes. Not me." and "I've been doing this for a long time, I know what I'm saying". They said they had been watching me for a long time. And said "I'm sure you've known", which I didn't. Anyways, long story short, I eventually ended up leaving, they took my photo. And they said that I'll receive a letter to pay for the shirt I "stole", but is actually the one I came in with(I'm guessing they mean a civil notice). I asked them if I could see the video footage, but they said they're not allowed to. I asked them that couldn't they just look at the video themselves and see the shirt I came in with. They said I had my sweater zipped up when I entered. I told them that I never zip it up all the way, and showed them that the collar always sticks out, that couldn't they take a close look or something, but they didn't say anything.

    I am wondering, what I can do. They said they'd send a civil notice. Do I call the police to investigate and find the truth? Do I contact a manager or something with my story, maybe he/she'll listen? Because I stole absolutely nothing, and do not want to stand for receiving a bill for my own shirt. Thanks for any advice.

  2. #2
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Quote Quoting Compy23
    View Post
    My question involves criminal law for the state of: California

    The other day after doing some shopping at a Wal-Mart, I was stopped by Loss Prevention(I don't believe they officially introduced who they were), on my way out with my cart of purchases, and the LP lady said that the shirt I had on was not my shirt; that they have my "real" shirt, and for me to come with them. They asked me for my I.D which I gave to them and they took me to a backroom, where I guess they monitor the cameras in. They had me empty my pockets, and asked me if any of the stuff in my pockets was stolen, I told them and said no. They took down my I.D. Info and asked me for my social security number, which I gave them, thinking this is ridiculous, they'll realize their mistake soon enough.

    Since these LP guys are employees of WalMart, and not police officers, I think you should have refused to go anywhere with them. And you definitely should not have shown them any ID or any Social Security number.




    And they said that I'll receive a letter to pay for the shirt I "stole", but is actually the one I came in with(I'm guessing they mean a civil notice). I asked them if I could see the video footage, but they said they're not allowed to. I asked them that couldn't they just look at the video themselves and see the shirt I came in with. They said I had my sweater zipped up when I entered. I told them that I never zip it up all the way, and showed them that the collar always sticks out, that couldn't they take a close look or something, but they didn't say anything.

    I am wondering, what I can do. They said they'd send a civil notice.

    Do not pay the civil notice. Let them sue you or call the police on you. In court, they will have to produce video footage of your visit to the store.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    The problem with NOT paying the civil demand is that it can go to collections and that will add upwards of another $500 on top of the $300 or so that is likely to be charged originally.

    But, it's the OP's call and risk to take.

    Only you know whether you did this or not. Understand that most Wal-mart stores have very impressive video systems. Some even have a system that can track and monitor an individual as they walk through the store from zone to zone - fancy stuff, to be sure.

    If you truly did not do anything, then I'd say you should stick to your guns. But, if you're floating a trial balloon here just to see how it might play for the world, and you DID steal something, then I'd pay it and hope for the best.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Tech42 is wrong. Had you refused to go anywhere with them, the police would have been called as you were being "uncooperative".

    - - - Updated - - -

    Also...the Civil Demand....some states do require you pay it, and prefer you do so prior to court.

    Other states....well, that (example amount of $250) can rise to $500 then $750, then a Civil Lawsuit. They win the judgment, you still refuse to pay, goodbye credit rating....

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Quote Quoting PandorasBox
    View Post
    Also...the Civil Demand....some states do require you pay it, and prefer you do so prior to court.
    If the recipient does not voluntarily pay, the only way a civil demand can be enforced in any state is through a civil lawsuit.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    I know it's been discussed before. My lawyer told me to pay it and bring the receipt to court to show the judge. Someone said that Michigan is a state that requires it to be paid.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Quote Quoting PandorasBox
    View Post
    I know it's been discussed before. My lawyer told me to pay it and bring the receipt to court to show the judge. Someone said that Michigan is a state that requires it to be paid.
    Only if you are actually arrested.

  8. #8
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Quote Quoting PandorasBox
    View Post
    Tech42 is wrong. Had you refused to go anywhere with them, the police would have been called as you were being "uncooperative".

    So what if the police are called? Cooperate with the police, if the police are called.

    You can not be prosecuted just for disobeying orders from LP employees. You can be prosecuted for theft. But disobeying LP is NOT an additional charge.

    - - - Updated - - -

    Quote Quoting cdwjava
    View Post

    Understand that most Wal-mart stores have very impressive video systems. Some even have a system that can track and monitor an individual as they walk through the store from zone to zone - fancy stuff, to be sure.

    Yeah, but why didn't the WalMart employees show the OP all this impressive evidence they had against the OP? I smell an extortion scheme.

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Quote Quoting Tech42
    View Post
    So what if the police are called? Cooperate with the police, if the police are called.

    You can not be prosecuted just for disobeying orders from LP employees. You can be prosecuted for theft. But disobeying LP is NOT an additional charge.
    Depends on how uncooperative you are. LP are allowed to make you come with them. If you resist and someone gets hurt, you can and will be charged.

    Quote Quoting Tech42
    View Post
    Yeah, but why didn't the WalMart employees show the OP all this impressive evidence they had against the OP? I smell an extortion scheme.
    They are under no obligation to show a suspected shoplifter anything of the sort. They save that for the courtroom. The companies I worked for, and WM was not one of them, specifically tell LP NOT to show anything to a suspect. I would be willing to bet WM has the same type of policy.

  10. #10
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Accused of Shoplifting, but I Never Did (Wal-Mart)

    Quote Quoting free9man
    View Post
    Depends on how uncooperative you are. LP are allowed to make you come with them. If you resist and someone gets hurt, you can and will be charged.
    Which law states that private-sector employees (LP) can detain a customer?

    They are under no obligation to show a suspected shoplifter anything of the sort. They save that for the courtroom. The companies I worked for, and WM was not one of them, specifically tell LP NOT to show anything to a suspect. I would be willing to bet WM has the same type of policy.
    And why would a store not show a suspect anything?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Accused of Switching Prices - First Time Offender
    By notathief in forum Criminal Charges
    Replies: 7
    Last Post: 12-03-2010, 06:51 PM
  2. Retail Fraud / Shoplifting: Clerk Accused Me of Switching Tags
    By unfun in forum Criminal Charges
    Replies: 5
    Last Post: 03-21-2010, 06:23 AM
  3. Accused of Switching Drivers After a Car Accident
    By Dmlloyd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 12-20-2009, 11:34 AM
  4. Retail Fraud / Shoplifting: Detained at Lord and Taylor, Accused of Tag Switching
    By Karina437 in forum Criminal Charges
    Replies: 6
    Last Post: 12-16-2009, 02:30 PM
  5. Retail Fraud / Shoplifting: Accused of Tag Switching
    By desparate.mistake in forum Criminal Charges
    Replies: 4
    Last Post: 05-20-2009, 12:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources