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  1. #1
    Join Date
    Jan 2015
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    2

    Default Shopping With a Friend Who May Have Been Shoplifting

    My question involves criminal law for the state of: Virginia

    It is my understanding that the definition of shoplifting requires the INTENT to steal. This case is a little different; it's only since I've been talking to a friend about the events of my day that I've even realized that a theft was most likely committed. I'm sure that all of the events below were caught on CCTV.

    An acquaintance of mine had mentioned that he had bought a coffee maker for his mother as a Christmas gift. She didn't like it, so he was trying to return it but was unable to do so as he had lost the receipt and has no ID. I volunteered my assistance (and my ID), and so today we met up at Walmart.

    He didn't immediately bring in the coffee maker he had bought as he had some other shopping to do. Initially, he said he was interested in exchanging the item, so we walked to the appliances section, he picked up a different coffee maker, and we started walking towards the front. At this point, I realized I had left my ID in the car and went out to get it.

    When I came back in, I saw him browsing the aisles. I told him that I had an appointment to get to, so to speed things up he told me to go out to his friend's car and bring the coffee maker in.

    Outside, I didn't see the car he described. I looked around for a few minutes, then returned to the store where I eventually found him. He explained that when I hadn't returned, he went to get the coffee maker himself. I figured that in the huge parking lot I must have just not seen him.

    We walked to the front to return the merchandise, but as I waited in line he stepped out to answer a phone call. I then tried to return the item, but after fifteen or twenty minutes of waiting for the store's system to work (their explanation) I had to leave for my appointment. I told them I'd bring the coffee maker back later to return it, picked it up, and walked out of the store.

    After dropping my friend off (with the coffee maker) and going to my appointment, I met up with another friend. I happened to mention the above to her, and she told me that the coffee maker was likely from inside the store. As proof, she cited the fact that there was a person standing behind my car as I left, which I hadn't told her. That person was the loss prevention staff taking down my license plate number.

    So yes, the whole story makes me sound pretty naive, but where does it leave me? I didn't INTEND to shoplift, I didn't even know I was doing it. Had any of the staff said anything to me at any time, I would have apologized, left, and never spoken to my guy friend again. But because no one said anything, I didn't even have a chance. What should I do, and can I talk my way out of a charge on this? Please help! Thanks.

  2. #2

    Default Re: Is Accidental Shoplifting Still Shoplifting

    No way of knowing until they actual file charges. I will say, honestly, your story sounds long and convoluted, which usually means it's not true.


    If it is true, it will need some work or nobody else will believe you either.

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

    Default Re: Is Accidental Shoplifting Still Shoplifting

    This case is a little different;

    Are you kidding me? We see this story a dozen times a week. The courts see it a dozen times a day. Or more.

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

    Default Re: Is Accidental Shoplifting Still Shoplifting

    You mention this to another friend, who just happened to see someone behind your car? Um....this story sounds too contrieved.

    And then: Had any of the staff said anything to me at any time, I would have apologized, left. Guess what? Had any of the staff said anything, it would have been "Come with me" and you would have been taken to the Loss Prevention office.

    Before that citation arrives, it's time to dig out the yellow pages and start calling around to lawyers.

  5. #5
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Is Accidental Shoplifting Still Shoplifting

    "Accidental Shoplifting" lol. I tried to tell the cop that pulled me over last time that it was only accidental speeding, not actual speeding.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Is Accidental Shoplifting Still Shoplifting

    The funny thing is that Walmart doesn't require a receipt to return anything, especially not to do an exchange. The difference will simply go on a gift card. What adult in this world had NO identification????

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Is Accidental Shoplifting Still Shoplifting

    Actually, I've done an exchange at WalMart (wrong shade of makeup, still sealed)....and my ID was entered into the system. Same frickin brand, same price, different shade....

  8. #8
    Join Date
    Jan 2015
    Posts
    2

    Default Re: Is Accidental Shoplifting Still Shoplifting

    Thanks for the replies everyone, I was hoping for some legal advice but 'no one will believe this' is pretty helpful.

    One, Walmart does in fact require an ID for returns and exchanges, even with no receipt and for store credit. I am absolutely certain of this.

    Two, I obviously wasn't clear about the conversation I had with the second friend in this story. I told her I had been with this person and spent forever at Walmart trying to help them return something, she asked a few questions and I then told her the whole story. After that, she said "I don't think he actually did have a coffee maker. Tell me, was there a guy standing behind your car as you were leaving? Maybe looking like he was texting on his phone?" I thought back and realized she was right, there had been. She then told me that that was loss prevention.

    I would rather the staff had said something to me then, as at least I could have dealt with it at the time instead of worrying every time I see the police.

    As for the comments that this is made up, there's nothing I can really say to defend myself. The cameras will have caught me going in and out of the store as I described, so I'm hoping that might be enough to back me up. I didn't hide anything on my person and say I forgot to pay, I didn't pretend I was a senile old lady who forgot that I hadn't paid for things.

    I'm definitely guilty of temporary stupidity, that's for sure.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is Accidental Shoplifting Still Shoplifting

    I stand by my initial statement. The courts hear stories of why it wasn't intentional every day of the week, multiple times. Maybe you're the victim of a "friend" who found a good way to steal by having you do it for him, or maybe you were complicit in the theft and are trying to throw him under the bus. I don't know and frankly I don't care. I do know that you're going to need more than, "I didn't intend to steal anything" if you are charged.

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Is Accidental Shoplifting Still Shoplifting

    Even if they had stopped you right then....it would have been "Come with me". You would have been taken to the LP office, your name and ID taken, your photo taken, the coffee pot taken and photographed, you photographed. Possibly police called to arrest you right then.

    Right now, your story has more holes than Swiss Cheese. And I won't get into them. You'll need to go into it with a lawyer when the time comes.

    As for now: Since a friend of his drove him to WalMart, you drove him home...you have a 3-person theft ring going on which means the charges will be a lot worse. I hope that coffee maker was not a (fancy thing that starts with a "K") because the price of those is gonna make it even worse.

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