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  1. #1
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    Default Arrested for Switching Price Tags

    My question involves criminal law for the state of: Texas

    I have 2 friends that were handcuffed in Walmart because they were "caught" switching tags on camera. 1 was let off with a ticket and the other was arrested and spent a night in jail. She didn't admit it to anyone official (but she did admit to me that she was guilty.) However the officers said the camera caught her "fidgeting with items in (her) cart". I wouldn't say that's actual proof so can she still be charged? Also a friend of hers who works in law enforcement (I believe juvenile officer?) informed her that because she didn't walk out the store, pass the registers, or try to pay with a switched tag they had no right to search the store and arrest her. Is that true? This is her first offense and we're both very worried that she will get jail time.

    She was arrested for: Theft- 100>750 and scheduled a court date

    Just trying to find out everything we can and figure out what her best options are, please provide as much info as you can. Also if you need more information just ask. Thank you in advance!

  2. #2
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    Default Re: Arrested for Switching Price Tags

    So, you are saying that your friend was accused of switching tags but NOT purchasing the item with the phony tag?

    How were YOU given a ticket if your FRIEND switched tags? Did you buy the item and take it out of the store or otherwise assist in the deception/theft?

  3. #3
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    Default Re: Arrested for Switching Price Tags

    Unless you've seen the tape and heard from the store loss prevention staff what other evidence it may have you really don't know how strong a case it may have for the theft charge. In general it is not the case that the suspect has to leave the store or pass the registers to be guilty of the theft offense. They just need evidence of the steps needed to commit the theft (concealing the item, swapping the tags, or whatever).

    Your friend needs a lawyer. If she has any defense to put forward, it will likely take a lawyer to do it, and the lawyer can do a proper job of presenting that defense.

    As for the fear she might spend time in jail, her lawyer likely can avoid that on a first offense. But she should have thought about that risk of jail before trying to swap the tags and commit the crime. As the saying goes, don't do the crime if you can't do the time.

  4. #4
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    Default Re: Arrested for Switching Price Tags

    Quote Quoting cdwjava
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    So, you are saying that your friend was accused of switching tags but NOT purchasing the item with the phony tag?

    How were YOU given a ticket if your FRIEND switched tags? Did you buy the item and take it out of the store or otherwise assist in the deception/theft?
    I was not involved in the situation at all, 2 of my friends were.

    As for the tags, she did admit to me that she did not switch them but pulled some off (which isn't any better), but she didn't get the chance to pay anything before the officers arrested her in the store. However she was not arrested for the crime she did commit. She was arrested for switching tags, which she didn't do (and the video isn't proof, bc they said they caught her "fidgeting" which sure seems suspicious but it's definitely not illegal) She says she knows the items she was planning on not paying for did not exceed the amount of $100, but the officers claimed that they did. As for the other girl, they accused her of being apart of it and witnessing the crime (although she actually didn't, the video is proof) I don't know much about her situation, but she was the one with the friend I'm trying to help.

  5. #5
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    Default Re: Arrested for Switching Price Tags

    Quote Quoting dmc2000
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    I was not involved in the situation at all, 2 of my friends were.
    I saw the "1" as an "I" in your original post so that was where my misunderstanding came from.

    Okay, so you do not really know what happened. As such, there's not much info or advice anyone here can provide since the facts are not known.

    Your friends should do two things: One, stop talking to anyone about the incident as anything they say to others can be used against them in court. And, two, they need to speak about the incident only to their respective defense counsels - not even to each other.

  6. #6
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    Default Re: Arrested for Switching Price Tags

    Thank you for the info, I edited my previous comment in hopes it would add more insight. But thank you again for the advice.

  7. #7
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    Default Re: Arrested for Switching Price Tags

    Still, even after reading the edits, you do not KNOW what the truth of the matter is nor do you know what proof the store or the police might have. Friends often pass along sanitized accounts to friends because they want to appear benign and cast themselves in a more positive light to them. But, removing or switching tags on items strongly implies only one thing: larceny. Whether the observations and/or statements the police have is sufficient to support the allegations in your state, I cannot say. But, your friends really need to keep quiet and talk only to their respective attorneys.

  8. #8
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    Default Re: Arrested for Switching Price Tags

    Quote Quoting dmc2000
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    the officers said the camera caught her "fidgeting with items in (her) cart". I wouldn't say that's actual proof so can she still be charged?
    Are you under the impression that something called "proof" is needed to charge a person with a crime? "Proof" is nothing but a quantum of evidence that is sufficient to convince someone that something is or isn't true. "Proof" does not have to exist until trial. The standard for charging someone with a crime is probable cause. The video you described is evidence, and without seeing the video and knowing what other evidence might exist, there's no way to opine intelligently whether probable cause does or doesn't exist.

    Quote Quoting dmc2000
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    a friend of hers who works in law enforcement (I believe juvenile officer?) informed her that because she didn't walk out the store, pass the registers, or try to pay with a switched tag they had no right to search the store and arrest her. Is that true?
    No.

    Quote Quoting dmc2000
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    Just trying to find out everything we can and figure out what her best options are
    Well...for starters, your friend admitting her crime to you was stupid. You can be called as a witness and compelled to testify about what she told you. Don't think that'll happen? Well...you certainly increased the likelihood of it happening by blabbing about it on the internet and identifying the victim of the crime in your post. This victim is the nation's largest employer and, from what I've heard, employs a very large loss prevention staff who looks at message boards like these to find instances where folks post about incidents like these and foolishly identify the victim. In other words, you did your friend a massive disservice by identifying the victim of her crime. You should see if it's possible for you to edit or delete your post.

    Your friend needs a lawyer.

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