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  1. #1
    Join Date
    Dec 2015
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    3

    Default Can You Be Charged With Shoplifting for Accidentally Taking Merchandise from a Store

    My question involves criminal law for the state of: California

    Yesterday, I went to a store to return a bag and buy makeup. After returning the bag, I looked for another one. While I was trying on a bag, I had stomachache and wanted to go to the bathroom. Even though there're restrooms inside Macy's, I don't know exactly where they are. However, I know where the restrooms are inside the mall where Macy's located, just a few steps from Macy's. So, I headed to the restroom forgetting that I still had an unpaid bag on my shoulder. Only when I was inside the restroom, did I realize that I had the bag with me. So, after leaving the restroom, I headed back to Macy's to return the bag. I also bought back the one that I returned as I couldn't find any thing else, and the makeup, of course.

    That's basically my story. My question is whether there's any chance that I can be convicted of shoplifting. I have had paranoia since then. After leaving the mall, I stopped by H&M on a road right opposite to the mall. I was just looking at the accessories there and left after 5 minutes. On my way to the door, I heard the store's phone hung on the wall ringing, I looked at it and saw "mall security". I was scared that they thought that I shoplifted and were after me. Now, I feel worried most of the day and am in the status of waiting for a notice coming in the mail or a cop showing up at my door.

    Thank you so much for your time and advice.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Quote Quoting sooki
    View Post
    My question is whether there's any chance that I can be convicted of shoplifting.
    Sure. There's always a chance.

    But since you weren't grabbed going out or back in, I doubt if anything will come of it.

    Two suggestions:

    1 - Avoid Macy's from now on just in case you're on video and they are waiting for you.

    2 - Pay attention to what you are doing when you go shopping.

  3. #3
    Join Date
    Dec 2015
    Posts
    3

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Thank you for the suggestions. What worries me the most is that I made the payment with my credit card. So, I believe that there's the big chance that they can identify me if they want to.

    I know I deserve to live in worries as I made the mistake.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Did you return the not purchased merchandise or not? You said after you left the restroom you headed back to Macy's yet you seem to be all freaked out about this; why?

  5. #5
    Join Date
    Dec 2015
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    3

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    I did put it back to the rack. I'm freaked out because I left Macy's with the unpaid item. I headed back to Macy's to put the unpaid item back hopefully they don't think that I tried to steal it. I mean I'm scared because there's the fact that I left the store with the unpurchased bag and I don't know whether they care about the other fact that I came back a few minutes later to return it. I think, morally, I did the thing that I should have done. But, I don't know, there is no assurance that they won't convict me of shoplifting because I did leave the store with the not purchase bag.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Quote Quoting jk
    View Post
    Did you return the not purchased merchandise or not? You said after you left the restroom you headed back to Macy's yet you seem to be all freaked out about this; why?
    Of course she didn't. She was afraid and had a stomachache! Why else would she be asking this question?

  7. #7
    Join Date
    Jan 2006
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    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Quote Quoting Who'sThatGuy
    View Post
    Of course she didn't. She was afraid and had a stomachache! Why else would she be asking this question?
    Op claims to have returned the merchandise.

    The problem op faces is even if she returned the merchandise, a video of her stealing could result in charges. Op could argue she returned the stuff. She best hope the same camera system saw her returning the merchandise.

  8. #8
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Even if the video shows her taking the item from the store, which is what one would expect, it should also show her later returning to the store with the item and likely also placing the item back on the rack. So if she's accused based upon the earlier video, she can ask that they review the subsequent video.

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    If she took the same psth

    if she did not conceal the items when returning


    if she.....

    realistically the chances of being caught stealing due to the possible (nobody even knows if there is video) is somewhere between slim and none. Failing to catch a thief red handed, unless the theft is a high value item, they are not going to chase it. Now with facial recognition programs available and actually used by some retailers, should op return to the store who knows what will happen. If op is on a suspicious persons or apprehend on site list within the store, facial recognition systems could allow that to happen quite easily.

  10. #10
    Join Date
    Sep 2005
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    Default Re: Accidentally Left the Store with Unpaid Merchandise but Came Back Within 15 Minut

    Stores that use video surveillance, which is pretty much a given for a major merchant at a shopping mall, have surveillance on their entryways. So it doesn't matter what door you use. If she hid the merchandise when coming back into the store, and managed to keep it completely concealed from the cameras after re-entering, then... yeah, the video wouldn't be helpful to her. But that's assuming a lot.

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