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  1. #1
    Join Date
    Dec 2016
    Posts
    1

    Default What Evidence is Required to Prove Shoplifting and Return Fraud

    My question involves criminal law for the state of: Missouri.

    So my friend shoplifted from Walmart by taking something out of a box and putting another item inside that box, paid for the item that was supposed to be in the box and left. A week later he returned to that Walmart and did the same thing but just put something else inside the box along with the boxed item, however this time, police were outside, when he got to his car, he put the box inside his car and the cops asked him if he stole anything. He said no and they told him to open the box, so he did. He opened the box and dumped it out, that way the cops couldn't see what was in the box, but after he dumped it, they seen the bought item and the stolen item. He said that item was there from before, the thing is, the stolen item had a sensor wrapped around it, so he said he bought it off someone and was going to resell it. So my question has two parts. They said that walmart had him on camera taking something in a box (the first time) but didn't know what it was. So obviously they didn't see him actually put the item in the box on camera. So my question is 2 questions:

    1. They don't have him on camera taking the first item or putting it in the box. They just "know" he took "something". So can they charge him for shoplifting?

    2. Can he be charged for shoplifting the 2nd time if they don't have him on camera putting it in the box, and the cops didn't see actually it in the box, just seen it inside his vehicle and have no way to know if it was there before or not.

    Also, they didn't give him any papers, but charged him for stealing and released him saying the DA would contact him and let him know if they're going forward with the case. Anyone have any advice on that? Besides the fact he's stupid for shoplifting. Thanks everyone!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Evidence is Required to Prove Shoplifting and Return Fraud

    Can he be charged? He's already being charged.

    The first incident raised a suspicion and put the store on alert. In the second incident he was caught red handed. No matter how you spin it, there's enough evidence to convict him of, at least, the second theft.

    My guess is that he will be charged with both and his fear of incarceration will compel him to take a pleas in exchange for probation without jail time and a well deserved criminal record.

    Your friend needs a lawyer.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: What Evidence is Required to Prove Shoplifting and Return Fraud

    As to the second time, the fact that two items came out of a box that is supposed to hold only one is pretty good evidence of theft. Since it had a sensor on it, I’ll bet they have testimony from a store employee that the sensor tripped the alarm in the store as he left, too. They may also have video of what he did or testimony from a store employee who saw what he did. I think he will have a hard time avoiding conviction on that one.

    As to the first theft, it matters very much what evidence the state has, and we really don’t know that at this point. The state doesn’t need video to make the case (though that would of course be useful) but it does need sufficient evidence to convince a jury that he swapped the items.

    He might slip out of the first theft, but he will likely go down for the second. Your friend may well be on his way to a criminal record for theft, with the result, among other things, that a lot of potential employers will reject him for a job. He ought to consider whether that problem is worth whatever the value was of what he was trying to steal. If your friend is eligible for a diversion program that would keep this off his record, he probably should jump at that. And then if he’s smart, he won’t shoplift again and he certainly should never return to that store — they’ll suspect him from the moment he enters now. Unfortunately, shoplifters do not tend to be among the smartest folks, so he may well end up in more legal trouble down the road.

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