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  1. #1
    Join Date
    Nov 2015
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    2

    Default Shoplifting After Taking Xanax

    My question involves court procedures for the state of: Florida

    Let me begin by saying, I am not a permanent FL resident and am temporarily renting a house here while my husband is in the military.

    Here's the timeline: I woke up and took my PRESCRIBED Xanax (low dose just to manage my anxiety and depression and whatnot) and it kicked in around 6am when I woke up. This dose 'expires' around 5 hours later.

    I went to my local grocery store and picked up a couple things around 10:30/10:45 (I probably arrived there right at 10:40am) and upon exiting the store I was stopped for shoplifting. They let me off 'easy', no cops were called, no fines were paid and I was banned from the store as a chain. Ok I'm not worried about that....

    What I'm worried about is that I LITERALLY had no recollection of putting the item in my purse (a pregnancy test which I don't even have a need for) I remember looking through the brands and knocking them over, then my phone made a noise and I left the aisle.

    My concerns are as follows;
    a. Should I get my doc in on this and 'fight' them on this, or just nah.
    b. If they don't believe me (I did NOT disclose that I was on Xanax because that's not their business) can they come after me?
    c. How long do bans last? They made it clear that I couldn't enter ANY of the store but not for how long (when I'm 50 I'll probably look different and have different hair.) I don't typically shop there anyway but I'm still curious.

    Any advice is welcome!

    {Side note about Xanax; I have never experienced symptoms this severe though I did take a DVD from my brothers house once after reading the back of it which was almost 5 years ago. I have heard shoplifting stories from Xanax users before but all of the stories I've heard end in jail processing or fines - I had neither. I am also working with my doctor to find an alternative to Xanax}

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

    Default Re: Xanax and Shoplifting

    You should definitely tell the doctor of any adverse effects of the medication. That's not a legal question.

    If you were not charged, there's really not any other steps to take, legally. Stay out of the store you were banned from. The fact you were on Xanax won't get you off a criminal charge. The store doesn't prosecute you, the state does. If the police or a prosecutor contacts you, you should not answer their questions without having a lawyer advise you. The state has up to a year to commence prosecution on your crime.

    You may get a letter from the store's "lawyers," demanding civil restitution for the damages you caused them. Different opinions here on what you should do about that. However, if you want to apply to the store to have the ban lifted in the future, you might consider paying it. The BAN is **FOREVER***. Understand that they let you off this time, but they're not likley to be inclined to do so. If you ever get detained for any reason in the store or another in the chain, they will likely find you are banned. In this case, they don't even have to prove you're shoplifting, you're guilty of criminal trespass for violating the ban.

  3. #3
    Join Date
    Nov 2015
    Posts
    2

    Default Re: Xanax and Shoplifting

    Quote Quoting flyingron
    View Post
    You should definitely tell the doctor of any adverse effects of the medication. That's not a legal question.

    If you were not charged, there's really not any other steps to take, legally. Stay out of the store you were banned from. The fact you were on Xanax won't get you off a criminal charge. The store doesn't prosecute you, the state does. If the police or a prosecutor contacts you, you should not answer their questions without having a lawyer advise you. The state has up to a year to commence prosecution on your crime.

    You may get a letter from the store's "lawyers," demanding civil restitution for the damages you caused them. Different opinions here on what you should do about that. However, if you want to apply to the store to have the ban lifted in the future, you might consider paying it. The BAN is **FOREVER***. Understand that they let you off this time, but they're not likley to be inclined to do so. If you ever get detained for any reason in the store or another in the chain, they will likely find you are banned. In this case, they don't even have to prove you're shoplifting, you're guilty of criminal trespass for violating the ban.
    Oh, I have already notified my doctor (as I did when I walked out of my brothers house with the DVD in my hand (it being my brother he didn't say much)) and he's assured me it's still safe to take yadda yadda but what I mean about 'getting them in on this' is that if they DO come at me with additional stuff.

    I don't typically 'black out' with my Xanax so when I do it usually ends in me saying something stupid and my husband and I laugh about it later - I'm disappointed in myself probably more than the store is. I typically don't even DRIVE until it's past the 6 hour mark.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will a Store Lift a Trespass Ban for Shoplifting if You Were on Xanax

    Quote Quoting goosezee
    View Post
    a. Should I get my doc in on this and 'fight' them on this, or just nah.
    It's their store. You tried to steal from them, even if you attribute your act to Xanax intoxication. They can ban you, no matter how many letters you provide from your doctor.
    Quote Quoting goosezee
    b. If they don't believe me (I did NOT disclose that I was on Xanax because that's not their business) can they come after me?
    You can be prosecuted for stealing, you can receive a civil demand for stealing, and you can be banned from a store for stealing, even if the store believes you were taking Xanax.
    Quote Quoting goosezee
    c. How long do bans last?
    They last as long as the store chooses to keep them in place.

  5. #5
    Join Date
    Jan 2015
    Location
    West Virginia
    Posts
    29

    Default Re: Will a Store Lift a Trespass Ban for Shoplifting if You Were on Xanax

    I do not think you can use that as a defense. I would just leave the issue alone. I'm glad they haven't charged or prosecuted you for shop-lifting as you blacked out. Why are you taking things when you black out? It's not a very sound excuse, sorry. If you do get a phone call, I would not answer until you know what to say, or how to go about that whole ordeal. I would not doubt that even if you did use that as your defense, they would ridicule you for continuing to take Xanax. You could even be accused of abusing your prescriptions, even if they were prescribed--it is possible I think but doesn't seem likely. It just doesn't sound to be like a solid defense at all. If you know you have these black outs, or side effects, why does you doctor agree for you to continue taking it? I have never heard of people blacking out and stealing things. If you do not remember it--you still actively just admitted to doing it. Aren't you more worried about what's going on? Like, even if you forgot doing something--you still did it and weren't you aware of what you were doing while you did it? You should probably not have posted this at all. This is a public forum and it makes you look guilty too. You know, there are lots of possibilities but you already said you've done this before--which also eliminates the likelihood someone else stuck it in your purse.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Shoplifting After Taking Xanax

    I take about 25 pills a day including benzos' and opiates'. Your story not only sounds totally absurd, it sounds so absurd if I were the judge I would find you guilty and give you the max sentence.

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