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  1. #1

    Exclamation How to Get a Store to Drop Petty Theft Shoplifting Charges

    My question involves criminal law for the state of:Florida

    It was 1.47 not 1.28 my apologies. so anyways,

    I went to walmart today and got about 60$ worth of groceries with my boyfriend
    Before we take our cart to checkout I decided to get some cheese sticks from the deli hot case.
    I took a bite out of one cheesesticks and shortly after all the cheese sticks fell out of the cup thing out of my cart and all over the floor. about 4.so i pick them up and place them back in the container and took them with me to checkout.

    at checkout I wanted a redbull so i laid the cheese sticks on top of the red bull display and grabbed a red bull Without the cheese sticks. My first mistake. I check out and pay for my groceries because that's what non criminals do. ( i did have full intentions on paying for my cheese sticks. It was an honest mistake) As I was leaving loss prevention stopped me at the door with my cheese sticks and asked me did i intend to pay for them i said yes omg i forgot about them. and tried to explain myself but it didn't work out. they were screaming at me. so i stayed quiet and did as I was told and followed them to this room.Once in the room they ask for my ID. I decline because I have no idea what's going on and they won't listen or tell me what is going on! I just want to pay for the cheese sticks and not be on any paperwork that's insanity to me.
    Upon denial another guy comes storming in and screams at me to get off my phone or he will " f*cking g*d damn break the phone" his words, not mine. he repeatedly was screaming at me and told me i was going to jail.
    I get off the phone and he tells me i'm going to jail again. i finally spoke and I told him 1.47 isn't going to get me in jail......

    I was wrong because I got arrested, (ps i ended up giving my ID once I saw the cop)calmly, and recently got out of jail with this peti theft charge and a court date.
    I was super calm, not being rude, stayed in a very cool manner and handled it all with class and whatever dignity I had left. I was placed in hand cuffs without being told im under arrest or even what for I was very confused this has never happened to me. It was clear to me the mean walmart employee was friends with this officer. He wanted to prove a point he could get me arrested for 1.47 he was very hot headed It was insanity.

    I went to jail for 4 hours then released. No bail or mugshot. But i do have a notice to show up to court on the 23rd. They didn't take me to the county jail but the downtown police department jail. I had no mugshot or anything and no one was in that jail. I'm so confused about all of this.

    I called corporate walmart and told them what happened and they said since the cheese sticks were not in my pockets, cart, posession etc i should have never been stopped and harrassed like that.

    Recently one of the employees a mutual friends knows told me the 2 people who stopped me were trainees. The guy who came in and screamed at me must have been a manager of sorts for loss prevention idk. I guess if the trainer didn't see it himself it shouldn't have been an issue at all? corporate seemed upset. and so did this employee when i explained everything.

    I called a lawyer and he said it's no use going to trial or taking this further and to just accept my fate and let him work on my case for 1500$ and he would try to get diversion (honestly i'm not the brightest with law terms) and to just let it go there's nothing i can do for the 1.47$ "theft" because there's not a low cost way to fight this.

    So before i drop all this money on this lawyer, I just wanted maybe some advice on what I can do. I mean, I was willing to pay the 1.47. I was nice. I was understanding. I went to jail!!!!
    An employee also said there is no audio on the walmart cameras. So all the hurtful words I had to endure is not on there.
    And I'm not even going to get too into the fact that when I was placed in the police cruiser it was 90 degrees today and the cop sat there and was talking to his mean walmart friend while I was sweating profusely from the heat. It was TERRIBLE. When the cop came back he did roll down the windows but man that car was worse then jail.
    Thanks in advance for any advice. This is the worst thing that has ever happened to me. I apologize for this being poorly typed out.


  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Get Walmart to Drop Peti Theft Charges for $1.28 Cents Please Read

    Are you asking what law you can invoke to force Walmart to drop the charges? There isn't one.

  3. #3

    Default Re: Can I Get Walmart to Drop Peti Theft Charges for $1.28 Cents Please Read

    I'm not asking to force anything. Not at all. I'm asking for advice, insight, comments, maybe someone knows how I can ask walmart kindly to drop the charge. Who knows, that's why I signed up and joined. Thanks for your response.

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

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Quote Quoting CheeseStickLady
    View Post
    I was leaving loss prevention stopped me at the door with my cheese sticks and asked me did i intend to pay for them i said yes omg i forgot about them. and tried to explain myself but it didn't work out. they were screaming at me. so i stayed quiet and did as I was told and followed them to this room.Once in the room they ask for my ID. I decline because I have no idea what's going on and they won't listen or tell me what is going on! I just want to pay for the cheese sticks and not be on any paperwork that's insanity to me.
    Upon denial another guy comes storming in and screams at me to get off my phone or he will " f*cking g*d damn break the phone" his words, not mine. he repeatedly was screaming at me and told me i was going to jail. I get off the phone and he tells me i'm going to jail again. i finally spoke and I told him 1.47 isn't going to get me in jail......
    It sounds like you made the mistake of being non-cooperative, and it sounds like that's why you ended up being charged by the employees you were frustrating by being non-cooperative. You have the right to refuse to let them verify your identity until the end of time, but it looks like this is what it got you.
    Quote Quoting CheeseStickLady
    I called corporate walmart and told them what happened and they said since the cheese sticks were not in my pockets, cart, posession etc i should have never been stopped and harrassed like that.
    It's difficult to believe that even a random customer service representative at Walmart, speaking with somebody who has been charged with shoplifting, would suggest that you never should have been stopped or that you were harassed.
    Quote Quoting CheeseStickLady
    I guess if the trainer didn't see it himself it shouldn't have been an issue at all?
    Why would you believe that Walmart cannot stop or detain suspected shoplifters if a trainer hasn't seen the act of alleged theft?
    Quote Quoting CheeseStickLady
    ...let him work on my case for 1500$ and he would try to get diversion...
    If you're comfortable representing yourself.... You can try to see if the prosecutor will speak to you before court, or at court, and see what the prosecutor is offering; you can also do that at a pretrial hearing on the charge. If you don't like the offer you can ask that the matter be kept on the trial docket and retain counsel.

  5. #5

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Thanks for your opinions. Although I am not asking what is hard to believe, more so asking to believe it and base it off that. Corporate did tell me that on the line.

    Why would I believe walmart cannot stop or detain suspected shoplifters if a trainer hasn't seen the act of alleged theft? Well, I did end that statement with a question mark, just kind of telling my story. So basically I'm screwed and this is the American way thanks everyone with your super helpful advice I appreciate it.

  6. #6
    Join Date
    Sep 2013
    Posts
    312

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Quote Quoting CheeseStickLady
    View Post
    So basically I'm screwed and this is the American way thanks everyone with your super helpful advice I appreciate it.
    So you chose not to cooperate with their loss prevention team. This is why you were arrested.

    Judging by your sarcastic response above, I'm guessing you're disappointed in the advice you were given.

    You should contact an attorney. Your attitude clearly shows you'll need one.

  7. #7
    Join Date
    Jun 2016
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    141

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Quote Quoting Pringle
    View Post
    So you chose not to cooperate with their loss prevention team. This is why you were arrested.

    Judging by your sarcastic response above, I'm guessing you're disappointed in the advice you were given.

    You should contact an attorney. Your attitude clearly shows you'll need one.
    If you ask me, she cooperated too much. She should have left the store right after it was made clear that these loss-prevention idiots would not let this go. These loss-prevention idiots have a small amount of authority, and they're going to abuse it.

    Quote Quoting CheeseStickLady
    View Post

    I called a lawyer and he said it's no use going to trial or taking this further and to just accept my fate and let him work on my case for 1500$ and he would try to get diversion (honestly i'm not the brightest with law terms) and to just let it go there's nothing i can do for the 1.47$ "theft" because there's not a low cost way to fight this.
    Your lawyer said there is no "low cost" way to fight this. Is there another way to fight this, a "high cost" way? What options did your lawyer give you?

    If you can extricate yourself from this situation by spending more money than you would like to spend, I would advise you to do that.

    Also, if I were you, I would consider a civil lawsuit. The admission from corporate that you should not have been stopped, can be used in court to win you money.

  8. #8
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Quote Quoting TechWorker
    View Post
    If you ask me, she cooperated too much. She should have left the store right after it was made clear that these loss-prevention idiots would not let this go. These loss-prevention idiots have a small amount of authority, and they're going to abuse it.
    Loss Prevention has the authority to detain her if she tries to run. Not a smart idea.

    Quote Quoting TechWorker
    View Post
    Also, if I were you, I would consider a civil lawsuit. The admission from corporate that you should not have been stopped, can be used in court to win you money.
    Corporate was speaking based on a one-sided description of events. They aren't going to make such pronouncements until after speaking to everyone.

  9. #9
    Join Date
    Sep 2013
    Posts
    312

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Quote Quoting TechWorker
    View Post
    Also, if I were you, I would consider a civil lawsuit. The admission from corporate that you should not have been stopped, can be used in court to win you money.
    Facing statutory rape charges? Pff, counter with invasion of privacy charges!

    Facing petty theft charges? Pff, file a civil suit for.......what, exactly?

  10. #10
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: How to Get a Store to Drop Petty Theft Shoplifting Charges

    Quote Quoting TechWorker
    View Post
    If you ask me, she cooperated too much. She should have left the store right after it was made clear that these loss-prevention idiots would not let this go. These loss-prevention idiots have a small amount of authority, and they're going to abuse it.



    Your lawyer said there is no "low cost" way to fight this. Is there another way to fight this, a "high cost" way? What options did your lawyer give you?

    If you can extricate yourself from this situation by spending more money than you would like to spend, I would advise you to do that.

    Also, if I were you, I would consider a civil lawsuit. The admission from corporate that you should not have been stopped, can be used in court to win you money.
    You are the last person who should give out advice. She just said her lawyer could get her diversion - and that is what she needs to take. If she can do diversion once she completes anything that part of that diversion, it will not be on her record. I did diversion when I got a ticket once. It cost me $200 for diversion plus like $130 ticket. (I was going 57 in a 40 but I thought the speed limit was 55 - I missed the sign it was dark out and I was distracted). But I did not go fight it. I did diversion and it never went back to my home state and I never got points off my license. The stipulations were I could not get a traffic citation for six months and if I did it would get reported and show up on my record.

    Civil lawsuit for what? The only idiot on this thread is you.

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