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  1. #1
    Join Date
    May 2016
    Posts
    1

    Default Accused of Shoplifting Over an Unpurchased Item in My Pocket

    My question involves criminal law for the state of: Texas

    I am in my early 50s and was stopped when I was walking out of a Walmart store. The young LP man asked if I had something that I had not paid for and I responded no because I had just checked out and had paid for everything. He then said well then what is in your back pocket and that is when I remembered that I had placed a pack of stick on appliqués for nails that cost no more the $4.00 and they kept falling out of the basket so I put them in my back pocket so that I wouldn't lose them and since I had my 6 year old grandson with me crying that he was tired and hungry I forgot to pay for them. I then said I could go back in and pay for them but the LP man said it was to late and asked me to go into the office. They then asked for my drivers license, SS#, and telephone#. They asked me to sign a paper that said that I was receiving the asset protection recovery letter and then took my picture so that I couldn't deny that I had received the letter. No police were called and I was told that I could not go back to that particular Walmart. They also said that I would be receiving a fine from Walmart.

    My questions are

    What do I do when I receive the fine letter?
    Is this going to go on a criminal record?
    Will it effect my present employment?
    How can I argue that my intent was not to leave the store without paying for the item?

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

    Default Re: Consequences for Allegedly Shoplifting at a Walmart in Texas

    The letter will come from Walmart's "lawyers" in a few weeks. It's not a fine, but compensation for the damage that you and your fellow criminals cause them.
    It is not a criminal record.
    You likely will end up in a private database of people who rip off retailers called the NRTD. If your current job is in retail at a member store or you plan to seek employment in one, you may have difficulty.
    You can't prove you didn't have the intent to steal. It makes little difference. Civil awards aren't based on "beyond a reasonable doubt" but just a "preonderance of the evidence." No sane person secrets merchandise on their person in a store. Your excuse is not believable.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Accused of Shoplifting Over an Unpurchased Item in My Pocket

    Quote Quoting Poan
    View Post
    What do I do when I receive the fine letter?
    You either pay it, or you don't pay it and see what they do (e.g., report the amount on your credit report, sue you....)
    Quote Quoting Poan
    Is this going to go on a criminal record?
    The civil demand? No.
    Quote Quoting Poan
    Will it effect my present employment?
    Do you work for a retailer? If so, and Walmart enters your information into a database of known shoplifters, then quite possibly. If not, probably not.
    Quote Quoting Poan
    How can I argue that my intent was not to leave the store without paying for the item?
    You mean, if you decide not to pay the civil demand and end up being sued? I guess you'll tell your story and hope that the court believes you.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Accused of Shoplifting Over an Unpurchased Item in My Pocket

    Quote Quoting Poan
    View Post
    My questions are

    What do I do when I receive the fine letter?
    Either ignore it or pay it. It’s probably easier to just pay it and be done with it. If you ignore it, it could turn into a bigger problem.


    Quote Quoting Poan
    View Post
    Is this going to go on a criminal record?
    You weren’t arrested by the police at the time, so it seems likely the store won’t file a criminal complaint over this. So it appears you aren’t going to be criminally prosecuted for this one event and won’t have a criminal record.

    Quote Quoting Poan
    View Post
    Will it effect my present employment?
    It might if your present employer learns of what happened.

    Quote Quoting Poan
    View Post
    How can I argue that my intent was not to leave the store without paying for the item?
    You can’t, really. Every thief who hides something in a pocket, purse, or whatever while in store argues he or she wasn’t intending to steal it, put it there just temporarily or by accident, etc. Stores hear that story every day, and they don’t believe it. Neither do the police, prosecutors, or jurors if you are criminally prosecuted. Only you know what was in your head when you did it. To everyone else, it looks like theft. For this reason, NEVER hide something from a store in your pocket, purse, or whatever, even if you think you have a good reason to do it. NEVER. Because to anyone else, you’ll look like a thief and that’s how you’ll be treated if you are seen.

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