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  1. #1
    Join Date
    Jan 2015
    Posts
    2

    Default Claiming a Mistake as a Defense to a Shoplifting Incident

    My question involves criminal law for the state of: Missouri

    First off, I realize this situation sounds ridiculous and if the roles were reversed, I would accuse me, too! I apologize for the lengthy explanation.

    I was shopping at the grocery store last night and was stopped on my way out by security. He demanded I "give him the vitamins". I don't use vitamins, so my response was one of confusion. He said I had vitamins in my bag. I opened my bag to show him I had no vitamins, and saw a bottle of tea tree oil I completely forgot I had. When I picked up the bottle, it was small and I was afraid it would fall through the bottom of the cart so I placed it in the front seat part on my bag. Later on in my shopping, I remembered my husband wanted lottery tickets and I thought I had left the cash he gave me in the car. I picked up the bottle in my right hand and opened my bag. While digging through with my left hand (I just toss money and cards in my bag, rarely putting them in my wallet) I put larger items in my right hand to keep them out of the way. I saw the cash in the bottom and while holding the rest of the contents aside with my left hand, I dropped everything in my right hand (gloves, my dog's bark collar, and a bunch of receipts) to grab the cash and my amex so I didn't have to dig for it at the register. I've been so spacey lately from lack of sleep due to major stresses going on at home and having bronchitis on top of it, I just forgot I had it. I finished my shopping and went through the register. Having already pulled my card out earlier, I didn't open my bag again to see it in there. As soon as I saw it I of course knew what happened. I handed it to him and told him I forgot I had it. His "Uh huh, follow me." reply was not surprising since I'm sure lots of people "forget" they have things.

    I followed him to the office where they took a copy of my ID, took my personal info (I was so foggy I couldn't even tell him how old I am!), took my photo, and told me they weren't calling the police, but I was no longer welcome at any store properties. I was told to sign two papers, neither of which admitted my guilt he said, and I could go. I know one was a trespass notice and I don't know what the other was. Since he told me neither one said I was admitting guilt, I stupidly signed them without reading them so I could leave. At no time was anything discussed regarding the incident by myself or them. I didn't offer to pay for it because his demeanor left me feeling that was not an option. It was basically a sit down, shut up, sign these and you can go.

    My husband wants to speak with the loss prevention director and the store owners to explain the matter. I want to write a letter because I really go out of my way to avoid any conflict, not to mention I can't go to their stores or offices to speak with them. From what I've read online, I'm expecting a demand letter and my husband says I should ignore it since in order to be guilty of shoplifting, I have to have intent to steal the item, and I didn't.

    If I pay the demand, I feel I'm admitting to something I didn't do. On the other hand, I wouldn't believe me either so maybe I should treat it as a learning experience as to where I put items in my cart. If I push my claim of innocence, I'm afraid they'll file charges. If I ignore the demand letter, I'm afraid they'll file charges. I have zero experience with this. I've never been in any trouble, except one speeding ticket 17 years ago. What should I do?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Should I Pursue Innocence on Unintentional Shoplifting

    You can roll the dice on the civil demand. You likely already admitted to the theft by concealment in those papers. If the civil demand is not paid, they might press charges and you will need to hire a lawyer to convince the judge the video of you dropping that into your purse warrants diversion and not a permanent criminal record. You could consult a local lawyer who might know how that store will react to you failing to pay the demand. Tell your hubby not to make matters worse by going into the store and trying to "discuss" the matter.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Should I Pursue Innocence on Unintentional Shoplifting

    I've read a lot of posts by shoplifters who "accidentally" put stuff in their bags or pockets because of some lame excuse or another.

    Yes, take this as a learning experience. Put everything in the cart. If it falls out, so what.

    You're right. If you don't pay the demand, the store can report to the police and things will be a lot worse.

    Consider paying by check and in the memo part write "Paying with no admission of guilt."

    PS: You're husband isn't a lawyer. Don't take legal advice from him when it's your record on the line. Consult an attorney.

  4. #4
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Should I Pursue Innocence on Unintentional Shoplifting

    The OP can write whatever you want on the check, it won't matter.

    Grocery stores tend to pursue Civil Demand options through the court (IE sue the person) more often than other retailers. Grocery stores operate on razor thin margins and usually they will take any money they can. Grocery stores also often use contract loss prevention teams. They pay for these teams through the Civil Demand Recovery.

    See if you can set up a payment option if you can't pay in full.

    Since your husband plays the lottery, it appears that he likes to gamble? Does he win more than he loses?

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Should I Pursue Innocence on Unintentional Shoplifting

    If you don't pay the Civil Demand, they can sue you in Civil Court...and the amount will go up to reflect their additional legal expenses.

    They also may decide to file criminal charges.

    As mentioned above, we get this same scenario so often it's unreal. "I thought it was too small for the cart, and put it in my purse....". "I went into the store and found more than I intended to buy but instead of getting a cart, I put it all in my purse and forgot it....". "I put it on top of my purse and it fell in!".

  6. #6
    Join Date
    Jan 2015
    Posts
    2

    Default Re: Should I Pursue Innocence on Unintentional Shoplifting

    Thanks all. I know it sounds so stupid. I realize a lot of people use the "I forgot" excuse, but I really did intend to purchase it. A couple weeks ago at the same store, the cashier didn't charge me for a large bucket of cat litter on the bottom of my cart. I realized it wasn't on the receipt when I got home and went back up to pay for it. Last month at another store, I got to my car and realized I was holding a couple items in my hand with my purse that I forgot to put on the belt. I went right back in and paid for them. I really try to be an honest person! Although maybe I shouldn't be allowed to shop alone. I'll suck it up and pay for it.

    From what I understand of the statute http://www.moga.mo.gov/mostatutes/st...000000871.html, I can expect a bill for $100 to $250. Do they have any "actual damages"? The item was recovered and returned to the shelf. They have their own internal LP department, so no contractors to pay. Can they try to charge me for the item (a whopping $5) and LP's time since he was already there and on the clock? Also, I did talk to the LP director this morning just to ask what it was I had signed, and she would tell me nothing. Is there anything I can do to find that out? It seems like something I should have access to.

    Paying what they ask won't be a problem. I purchased $100 in groceries that night and spend between $100 and $300 a week there, though I know people don't always steal because they can't afford it. That's why I so mad at myself for not remembering it. It was a measly $5 that is going to cost me potentially hundreds!

    As to my husband's "gambling", the lottery is considered gambling so I guess, yes, he gambles. He buys a couple powerball tickets when the jackpot is over $200 million, but he does not go to casinos and does not gamble online. He frequently wins between $1 and $5 and last year won $10k for matching so many numbers. I would say yes, he has won much more than the little bit he spends on lottery tickets.

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

    Default Re: Should I Pursue Innocence on Unintentional Shoplifting

    Yes, they have actual damages. The civil demand covers things like this: Sure, the employee was already on duty. But...if people didn't shoplift, they would have no need for LP personnel they have to pay wages and benefits to, plus the insurance incase the LP's get hurt on the job, the manager who had to sign paperwork, the security cameras, the security TV's. Plus the costs of sending the file to the lawyer for the Civil Demand.

    Now if you don't pay it and they take you to court...that means a $200+/hour lawyer filing more papers and appearing to testify.....

    Cat Litter one day? Other items another day? Tea Tree Oil on yet another day? Honey, you are very lucky you only have 1 charge. I understand the item on the bottom of the cart, that has happened to me even after I asked the cashier 3 times "you got that item on the bottom, right?"

    I've bought Tea Tree Oil before and never have had it come in a container smaller than your average medication bottle. I've bought eyeliner, which is small and thin, and managed to tuck it between my groceries so I could keep it in the cart and pay for it.....

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