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  1. #1

    Question Caught Shoplifting at WalMart

    My roommate and I were caught shoplifting at a walmart in north carolina. We purchased an item and each took an additional item out the door with the original receipt. The item was valued at just under $200.

    The LP guy confronted us at our car and instructed us to cooperate or we'd be tazed. He took us in, got our ids, and did the paperwork. He said that this was not a job of a first time offender but we had just read about the process online. The cops came and they interogated us in the same fashion as the lp manager. They recovered the items from my car and searched my car for other merchandise (officer asked if we had stolen the cases of mello yello in my trunk as well). The cops gave us our citations and each one states that we took $396. However, as I said above we each took out 1 item.

    They said we would go to jail if we didn't sign the trespassing form so we did. He then searched through our wallets, counting our cash, looking at other sales receipts, pictures, things like that. He found a receipt where i bought my tv from best buy and accused me of stealing that as well and upon seeing it was an employee purchased he said I must've gotten fired for stealing.

    When we said we were free to go he stopped us and said he better know the truth before we left. We told him we'd already told him the whole story and he threatened to have my car impounded and finally just told us to leave.

    I'm not going to get into the sob story about needing cash or anything like that. It was stupid and we shouldn't have done it. Neither of us have ever been in any trouble. What should I do? What are the possible charges?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Caught Shoplifting at WalMart

    The police marked down the $396 value as you are each responsible for the entire amount you attempted to steal, and will be charged accordingly. It was not two separate, independent thefts. I assume that the charge will be larceny.
    Quote Quoting North Carolina General Statutes § 14‑72. - Larceny of property; receiving stolen goods or possessing stolen goods.
    (a) Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.

    (b) The crime of larceny is a felony, without regard to the value of the property in question, if the larceny is any of the following:
    (1) From the person.

    (2) Committed pursuant to a violation of G.S. 14‑51, 14‑53, 14‑54, 14‑54.1, or 14‑57.

    (3) Of any explosive or incendiary device or substance. As used in this section, the phrase "explosive or incendiary device or substance" shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large‑scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen.

    (4) Of any firearm. As used in this section, the term "firearm" shall include any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it. A "firearm," which at the time of theft is not capable of being fired, shall be included within this definition if it can be made to work. This definition shall not include air rifles or air pistols.

    (5) Of any record or paper in the custody of the North Carolina State Archives as defined by G.S. 121‑2(7) and G.S. 121‑2(8).
    (c) The crime of possessing stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony or the crime of receiving stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony, without regard to the value of the property in question.

    (d) Where the larceny or receiving or possession of stolen goods as described in subsection (a) of this section involves the merchandise of any store, a merchant, a merchant's agent, a merchant's employee, or a peace officer who detains or causes the arrest of any person shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, when such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, if in detaining or in causing the arrest of such person, the merchant, the merchant's agent, the merchant's employee, or the peace officer had, at the time of the detention or arrest, probable cause to believe that the person committed an offense under subsection (a) of this section. If the person being detained by the merchant, the merchant's agent, or the merchant's employee, is a minor under the age of 18 years, the merchant, the merchant's agent, or the merchant's employee, shall call or notify, or make a reasonable effort to call or notify the parent or guardian of the minor, during the period of detention. A merchant, a merchant's agent, or a merchant's employee, who makes a reasonable effort to call or notify the parent or guardian of the minor shall not be held civilly liable for failing to notify the parent or guardian of the minor.

  3. #3
    panther10758 Guest

    Default Re: Caught Shoplifting at WalMart

    Depending on your state laws you could be facing Felony charges! Consult with a criminal defense Attorney soon as you can

  4. #4

    Default Re: Caught Shoplifting at WalMart

    So it appears it would be a misdemeanor because it was under $1000? What type of punishment would that bring on a first time offender?

  5. #5

    Default Re: Caught Shoplifting at WalMart

    i have my first court date in the morning, just curious if anyone sees this in time - should i take a court appointed attorney or ask for a continuation to hire my own?

  6. #6
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: Caught Shoplifting at WalMart

    Just make sure you get one... you will want one to help you out and if you have the money get your own if not get a appointed one. In some cities i work in over 300 is a felony some 500 some 1000

  7. #7

    Default Re: Caught Shoplifting at WalMart

    i'm charged with misdeamor larceny. i took a court appointed lawyer on the matter and the case will resume on 6-11-07. will post an update after that court date.

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