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  1. #13
    Join Date
    Feb 2020
    Posts
    750

    Default Re: $16 from Walmart

    Quote Quoting Shrinkmaster
    View Post
    Any "defense" should be discussed with a Lawyer not a website. OP could say there was "no" intent. Guilt requires proof if DA cannot prove intent he might (I said might) prevail. However the cost to defend himself would exceed the other option posted
    Bingo! It is the store's or the DA's requirement to show that the OP had intent to not ring up the item. That is a hard burden to prove.

    Walmart does not train patrons how to use their checkout devices. So when they are improperly used it is not automatically the patron's fault. They often offer zero oversight and assistance during self-checkout. They intimidate patrons to search their bags upon leaving the store without probably cause to search them.

    Shoving an item in your pocket might show intent to steal. Not hearing a beep that you are not trained to hear does not prove intent to steal. One could hear a beep from another register and think it is from their machine. Is there a warning sign that says "people who are hard of hearing should not use self-checkout?" I doubt it. How about a sign saying "If you are not familiar with all the self-checkout devices, please do not proceed in self-checkout." I doubt that too.

    If Walmart wants to financially benefit from using patrons to do unpaid labor for them, they can assume all risks and losses associated with using untrained personnel to wring up items. Do they also use patrons to guard their back door at night?

    Ron and Jack, if you guys were defense attorneys you'd have no clientele because anyone who came to you would be guilty beyond any defense.

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