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  1. #1

    Exclamation Theft by Deception Charges for Switching Price Tags

    My question involves criminal law for the state of: Kansas

    I have a question... 2mths ago I was shopping in walmart & bought 2 pairs of shoes. Being stupid I changed a tag on a 3rd pair, however when I got to the register, I informed the cashier that I did not want that pair, I scanned the 1st pair, the 2nd pair would not ring up so the cashier typed in the numbers, I paid and left... 4 days later, a officer showed up at my job, stating I was getting a ticket for theft by deception... After going to court, I plead not guilty, but could not aford or qualify for a attorney so was offered diversion... What I'm wanting to know if even if I choose to not get that 3rd pair or if the cashier entered the wrong barcode can I still get charged? I have lost my job due to my employer saying by me taking diversion, I was stating guilt... Is it theft if I did not leave with the item or ring them up?

  2. #2
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Can They Charge Me

    In shoplifting cases all you need to do is show intent to steal (by concealing an item in your clothing, or switching tags on items, etc.) for it to be considered theft. So you did show intent to steal, and then by accepting diversion, you confirmed your intent to steal. You don't have to be unsurewtf2do anymore because there isn't really anything more you can do at this point.

  3. #3

    Default Re: Can They Charge Me

    According to the lawyer tho in 6mths when its dismissed I can have it sealed & it won't show up... my question is I did not switch the tag intentionally however I did not tell them or fix it once I noticed it.

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Can They Charge Me

    Your narrative is a little confusing. Did you or did you not purchase a pair of shoes that the tag had been switched on? How did they find you to charge you?

    When you say you didn't tell them, does that mean the pair with the switched tag was left for someone else to purchase at the altered price? Was it possibly purchased by the person right behind you, such that it would appear you were accomplices?

    If you did not actually purchase the pair with the altered price, it would be difficult to make a charge stick and most retailers I am aware of wouldn't even bother calling the police for it.

  5. #5
    Join Date
    Jul 2016
    Location
    Paso Robles, California
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    544

    Default Re: Can They Charge Me

    In what state did this take place?

  6. #6

    Default Re: Can They Charge Me

    I did not change any tags... the two pairs of shoes I left the store with to my knowledge was the correct price since I didn't ring them up a cashier did.... as she was ringing up the 3rd pair the register wasn't let it ring up & she commented that the tag didn't belong to the shoe, she'd have to look into it... told her that it just grabbed them off the shelf & did not want them I was in a hurry, it was after 10pm, I had been at work all day & had only stopped in there be a use my ex husband was o lazy to buy his daughter a pair that fit her... after I left, said cashier, I'm assuming after talking to the detective, told her manager she witnessed me changing the tag, they called the cops, plastered my pic all over and I finally called to find out why I was told about the situation... I was offered Diversion before anything more then a ticket was given... I couldn't afford a lawyer, made too much for a public defender & a free consultation with a lawyer told me best bet was to take the diversion because Walmart is bullies and will drag it out as long as they can to rack up fees... because of that I have never had to plead guilty not guilty or Contest... how ever my work still fired me Because I took the diversion, claiming by ta king it i was admitting guilt.... I want to get it sealed after my 6 mths, is it hard to do that? I don't want my past that I can afford to fight to ruin the career I started

  7. #7
    Join Date
    Dec 2009
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    Default Re: Can They Charge Me

    In your first post you say "Being stupid I changed a tag on a 3rd pair...", you scanned the first pair, the cashier rang up the second pair and you told her you didn't want the third pair. You also said you didn't have an attorney.

    In your second post you said you did speak to an attorney and that you didn't switch the tags intentionally.

    And then in your third post you say you didn't switch any tags at all, and that the cashier rang up all the shoes you left the store with.

    All of these fundamental changes to your story make it harder and harder to believe.

    So which is it? Did you switch the tags or not? (And how on earth does someone manage to switch tags by mistake?) Did you scan the first pair of shoes while the cashier rang in the second pair and you simply left the third pair behind without it being rung in? Or did the cashier rang in all three pairs and then when she encountered a problem with the tag on the third pair, you told her not to bother and you left the store without them?

    Finally, some information: when you get a ticket for shoplifting, that means you are charged with shoplifting. So yes, you were charged.

    And when you accept a diversion, that means you have admitted that you are guilty as charged. There is no way around this. You have admitted to guilt. Employers are perfectly within their legal rights to fire employees who a) are visited at the workplace by the police and b) admit to shoplifting.

    Regarding how you can get your record sealed after six months - your attorney is the one to tell you that.

  8. #8
    Join Date
    Sep 2010
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    19,901

    Default Re: Can They Charge Me

    You decided you "didn't want the third pair" after they cashier detected the tags were switched. Yeah, you're guilty. Yeah, they know you're guilty. They knew you bought the first two and that you attempted to buy the third. They have you on video. Everything at every Walmart register is videoed.

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Can They Charge Me

    If you didn't switch the price tags, you most have put the more expensive shoes in the box with the cheaper price... I can't see someone making that mistake once, but you somehow managed to do it three times.

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