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  1. #1

    Default Self Checkout Mistake Led to a Shoplifting Arrest and Charges

    My question involves criminal law for the state of: GA

    I recently visited a big (super) retail center and the last item I grabbed was a bag of cat litter. I don't own a cat, it was for a friend, and there was 2 brands placed in the same place behind price tag of 4.94$ with a near by tag marked 14.94$ so I placed both in the buggy and went to checkout. When I lifted the cat litters out the cart the scanner went off and I wasn't sure which was scanned, the attendant was busy so I just placed one of the bags in the bagging area thinking that since they were different weights the system would only continue if the bag scanned was the one placed in the bagging area. Well it let me continue so I placed the other bag to the side paid for all my stuff and tried to exit the store.

    Right as I got to my car 2 females yelled to me "Sir could you help me please?" I'll wrap this up. After walking back to them, she said that I had paid for the 5$ bag but placed the 14$ bag in the cart. I apologized and tried to explain what happened but nothing I said mattered, I was taken to jail and now I have a court date coming up as I've already entered NG plea at first appearance.

    My question is why would the loss prevention employee do this? Do they not have to have proof that my intentions were to steal? or can she just say she's a psychic and therefore she knows I hatched this elaborate scheme to pay for over 100$ for items and then tried to get over on the store for 10$ worth of cat litter? I'm sorry for all the rambling I'm just so dumbfounded by this situation, why was I being watched? watched so closely? watched scan and pay for 9 other items legitimately and then when I make an honest mistake why would anyone assume it wasn't a mistake but some elaborate scheme to steal cat litter? Nothing makes sense about this to me can anyone tell me what I should expect in court?

    is there anything I can do now or any ways I can be best prepared to prove to the court I'm not perfect and I made a mistake...? ANY help or replies would be greatly appreciated...

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Self Checkout Mistake Leads to Jail and Charges. How

    I think at this point you want to get a lawyer to help you. The problem is that there are plenty of thieves who do the sort of thing at the self-check out line that you are accused of doing: trying to steal from the store by failing to scan items properly. This is why they keep an eye on the self-check out stations. Buying a bunch of stuff makes it easier to hide the one item the thief fails to scan, so arguing that you obviously weren’t trying to steal the kitty litter because you were buying over $100 worth of other stuff isn’t likely to be a really strong point in your favor. A lot may come down to just how convincing you are in testimony versus what the loss prevention person says she saw happen. If there is video of it, you’ll want to get that and see what that looks like. A lawyer can help you devise the defense that is most likely to succeed here, and advise you of alternatives that may be available that can avoid a conviction on a criminal charge.

    I don't use the self-service check outs very often precisely because if there is some kind of problem or mistake in scanning something the store may well allege that I was trying to steal it. When I do use it, I am very careful in scanning everything and look at the screen to make sure each item registers properly before putting it in the bag. It means I’m a bit slower in checking out than some people would like, but better that then end in the unfortunate situation you now find yourself in.

  3. #3
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Self Checkout Mistake Leads to Jail and Charges. How

    Wait, you were taken to jail over a $10 price difference in items?

    That seems....extremely excessive given the circumstances?

  4. #4
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
    107

    Default Re: Self Checkout Mistake Led to a Shoplifting Arrest and Charges

    Quote Quoting jaketheflake
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    ...When I lifted the cat litters out the cart the scanner went off and I wasn't sure which was scanned, the attendant was busy so I just placed one of the bags in the bagging area thinking that since they were different weights the system would only continue if the bag scanned was the one placed in the bagging area. Well it let me continue so I placed the other bag to the side paid for all my stuff and tried to exit the store.
    Hey, jake.

    Those scanners can be confusing at times, and this could have been an honest mistake, but you could have just looked at the scanner and observed which bag had been scanned. I suppose it might be reasonable to expect the system to detect the proper weight of the item place on the bagging side, but I'm not sure they all work that way.

    If you actually paid for the $5 bag twice, it would give some credence to it being an honest (flaky) mistake. Now if you scanned the small bag, put the $14 bag in the cart, and then put the small bag "to the side and paid for all the [other?] stuff," as you said, I do not find your description of events very convincing.

    PS: great username, ha.

    Regards,
    Jim

  5. #5
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    Default Re: Self Checkout Mistake Led to a Shoplifting Arrest and Charges

    Since you actually did steal the bag ("stealing" means you took something out of the store without paying for it, and yep! that's exactly what you did), then LP doesn't have to divine your intentions. LP saw you steal, and nabbed you for it. End of story.

  6. #6
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    Default Re: Self Checkout Mistake Led to a Shoplifting Arrest and Charges

    Quote Quoting eerelations
    View Post
    Since you actually did steal the bag ("stealing" means you took something out of the store without paying for it, and yep! that's exactly what you did)
    Actually, stealing is a specific intent crime -- you are not guilty of stealing unless you intend to take somebody else's property without their permission. The problem with a claim of mistake is that it has been made so many times by actual shoplifters, it's a really tough sell for people who have distracted moments.

    Georgia's shoplifting statute is typical in that regard:
    Quote Quoting O.C.G.A. Sec. 16-8-14. Theft by shoplifting
    (a) A person commits the offense of theft by shoplifting when he alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

    (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;

    (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

    (3) Transfers the goods or merchandise of any store or retail establishment from one container to another;

    (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or

    (5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: Self Checkout Mistake Led to a Shoplifting Arrest and Charges

    Quote Quoting Mr. Knowitall
    View Post
    Actually, stealing is a specific intent crime -- you are not guilty of stealing unless you intend to take somebody else's property without their permission. The problem with a claim of mistake is that it has been made so many times by actual shoplifters, it's a really tough sell for people who have distracted moments.Georgia's shoplifting statute is typical in that regard:
    The bolded is the exact reason why I refuse to use self scanning checkout options. My daughter and I argue about it regularly, but if any mistake is the cashier's then its not my problem.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Self Checkout Mistake Led to a Shoplifting Arrest and Charges

    I can't say i have ever seen a self scanner system that did not have a display that showed exactly what was scanned when scanned. Unless this is that one in a thousand that doesn't have a display, your defense went down the tubes.

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