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  1. #1
    Join Date
    Jan 2015
    Posts
    3

    Question Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    My question involves criminal law for the state of: Florida

    Hello,

    I was recently accused of stealing from the Walmart on Shops Ln here in Jacksonville, FL on January 11, 2015. I work very long hours and couldn't sleep so I threw on a sweater and boots and grabbed my credit card. I had no identification with me. The loss prevention officer is saying that I intentionally stole a jacket for $9.95 and a scarf for $6.97 while checking out at the self checkout terminals. First, my receipt shows that I paid for the jacket. The LPO kept the jacket even though I paid for it so actually, he stole my jacket. Second, I scanned every single item which can be seen on the video. Had I paid better attention that the scarf did not ring up, I would have paid for it if the LPO would have come up to me and said, "Ma'am, I don't think one of your items scanned." Instead, the LPO was waiting for me in the cart area passed the last point of sale and told me turn around and come to his office. When I asked him what this was about, he said, "I just watched you steal that jacket. You looked right at the cashier when you put it in the shopping bag. I need to see your receipt." I don't know why he was targeting me but since I left the house with nothing but my credit card and I didn't have my ID on me, he then called the police. He rang up the jacket and the scarf and stated that he watched me steal them. The officer did not watch the video but when I explained my story, the officer told me to contact the state attorneys office and see if they're able to assist me in either getting the charges dropped or if I can enter into a diversion program in light of the situation.

    I did not have any intention on stealing any item as I clearly scanned every item. If the LPO noticed something did not scan, why didn't he give me the opportunity to pay for it rather than being so dead set on getting me in trouble for what was an honest mistake with the scarf and his mistake with the jacket? Also, why would he say that I stole something that I paid for? I have never been in any trouble in my adult life and since I am testing for a professional license next month, I would not throw all of that hard work away for a $7 scarf.

    Further, the officer that was the first on scene, the one that advised me to contact your office was not the same officer to write up the NTA so I'm not exactly sure how that works. The first officer is the one who talked to the LPO. He got his statement and mine. He put me in the back of his car, read me my rights and was looking up my drivers license and such to identify me. About 10 minutes later, another officer pulled up and they joked with each other for a minute which was fine as they were both super nice and respectful in light of the situation. The second officer then asked if the first officer needed help. The first officer said yeah, why don't you go ahead and write up this NTA (notice to appear) while I do the general. The second officer then had me get into the back of his car and he asked me what happened. After I told him, he wrote the NTA without the information the first officer obtained from both the LPO and myself. The only question he asked me was if I put all of my merchandise in a Walmart shopping bag or if I put it in my own bag.

    I'm obviously extremely worried about my situation as I feel that this was not handled properly by Walmart or JSO. Please let me know what I need to do or what direction I need to go in at this point as I don't know what to do. Any help is appreciated.

    Thank You for Your Time

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    Offering to pay for something later doesn't make it OK. The LP is not required to give you the chance to make it right when you don't pay for something. Once the store makes a complaint properly, the Sheriff really doesn't have any reason to not book you based on their statement. You need an attorney. Nothing you've said here is exculpatory.

    Oh, and by the way, you can expect a letter from Walmart's "lawyers" demanding civil restitution.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    You will want a lawyer. And the lawyer will ask for Discovery, including the video.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    There is an intent element to larceny, of which shoplifting is a species. If you can produce a video clearly showing your attempt to scan the item, that could be exculpatory for the element of intent. Mistake is not intent. If I truly had no intent to steal, I'd go to the mat on that one. Get a lawyer. Make this difficult for the store. Be vocal.

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

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    Quote Quoting Bubba Jimmy
    View Post
    There is an intent element to larceny, of which shoplifting is a species. If you can produce a video clearly showing your attempt to scan the item, that could be exculpatory for the element of intent. Mistake is not intent. If I truly had no intent to steal, I'd go to the mat on that one. Get a lawyer. Make this difficult for the store. Be vocal.
    I would also be vocal about the fact that the LPO KEPT the jacket that you paid for.

  6. #6
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    They get the video and you have the receipt and your credit card statement. Many are slick and very sneaky,sometimes a Lp can get jaded. If it truly was accident,would fight to get the charge dismissed. Dismissed,is better then a diversion.

  7. #7
    Join Date
    Jan 2015
    Posts
    3

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    Thank you all for your comments. I am currently retaining Council. I want my jacket, I want the LPO to answer for what he did and I want the charges dropped.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    And you did not show the receipt to the LPO at the time because....?

  9. #9
    Join Date
    Jan 2015
    Posts
    3

    Default Re: Can You Get Shoplifting Charges Dropped Based on a Mistake at the Scanner

    I did show him the receipt. He even checked everything in my bags against the receipt. I bought over $60 worth of 7 items. He obviously wasn't paying attention or he wanted it to look worse than it was. Who knows, maybe I look like his ex girlfriend or something and he's mad at her. I have no idea. I've gone over it in my mind so many times. .. My attorney is sending them a subpoena for the video but he said that I shouldn't be surprised if they don't have it. He said they don't keep them after a certain period of time. I think that in a theft case that they would but we shall see. Oh and I received my letter from their attorney demanding $200 in civil restitution.

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