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  1. #1

    Default $16 from Walmart

    My question involves criminal law for the state of: South Carolina

    I've been accused of stealing about $15 worth of groceries from walmart. I was in self check out instead of taking everything out my cart I would scan a single item twice instead of having to take both of the same item out of the cart. example, if I had 2 packs of hot dogs I would scan one pack 2 times and then put both packs in the bag. I always do this. Its a habit I picked up as a cashier.

    Looking back I should have been paying more attention but 4 of my items that I did this with did not scan the second time. When I was stopped from leaving to store and asked to the back office they went over my reciept and a few of the items that I bought 2 of didn't pick up on the second scan. I honestly didn't notice but loss prevention felt like it was intentional and the police were called and I've been given I ticket to show up in court.

    I have never been charged for anything. The only encounters I have had with police are traffic tickets. My record is absolutely clean and I really can't afford to have this on my record. Im a new graduate and looking a for a new job and I feel like a misdemeanor will hinder me on my job search.

    What are the odds of the case being thrown out completely? Should I try and get some money for lawyer? At no point was I asked to pay for the items which I could have easily done. It was honest mistake but Walmart security swears it was on purpose.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: $16 from Walmart

    You need an attorney. If you are indigent, you should request a public defender. https://sccid.sc.gov/about-us/county-public-defenders

    The odds are if Walmart called the cops on you, this is not getting thrown out. It's incumbent on you to make sure everything you take through the self-checkout is scanned and paid for. Walmart is not obligated to give you an additional chance to pay. There may be diversion opportunities available to you to avoid having a criminal record as a result of this. Criminal records can very much hurt you. As one of the local judges here likes to say, he'd rather hire a drug user than a thief. Drug users can be treated.

    Also, you should prepare your self for the next letter you get. You can be assured that Walmart's "lawyers" will send you a letter asking for a few hundred dollars in damages for what you did, which will be independent of your criminal problems.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: $16 from Walmart

    It was honest mistake but Walmart security swears it was on purpose.
    I'm sure it was. I scan items the same way but I always look back at screen and I count my items against the receipt.

    Walmart loses millions to shoplifting so there is no surprise that mistakes are treated as criminal acts. The more stories like yours hit the internet the more of a deterrent (hopefully) there will be to shoplifting.

    I agree. An attorney might be able to get you out from under this.

  4. #4
    Join Date
    Feb 2020
    Posts
    750

    Default Re: $16 from Walmart

    Hey guys,
    Instead of telling the OP what a bad person he is and what trouble he's facing, why don't you offer a display of your legal knowledge and list some of the arguments and motions a defense attorney would use in his defense?

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: $16 from Walmart

    Quote Quoting Harold99
    View Post
    Hey guys,
    Instead of telling the OP what a bad person he is and what trouble he's facing, why don't you offer a display of your legal knowledge and list some of the arguments and motions a defense attorney would use in his defense?
    Because, there's no such thing. His best bet, barring the availability of diversion, is to get an attorney who can take an informed and dispassionate view of the actual evidence and propose a defense.
    Your insults and daft theories aren't going to help him.

  6. #6
    Join Date
    Aug 2020
    Posts
    10

    Default Re: $16 from Walmart

    If your record is a concern ask your Attorney if ACD (Diversion) is an option. It works like a guilty plea with fines etc but once you complete program (about 6 months) your case is dismissed or similar. Ask your Attorney if this is an option and how it works.

  7. #7
    Join Date
    Feb 2020
    Posts
    750

    Default Re: $16 from Walmart

    Quote Quoting flyingron
    View Post
    Because, there's no such thing. His best bet, barring the availability of diversion, is to get an attorney who can take an informed and dispassionate view of the actual evidence and propose a defense.
    Your insults and daft theories aren't going to help him.
    So, you got nothing? You cannot come up with one way a defense attorney would defend the OP?

  8. #8

    Default Re: $16 from Walmart

    Quote Quoting cbg
    View Post
    Outside of "my client is a lunkhead who doesn't have the ability to count that God gave the average four year old and who is too stupid to compare what is on the receipt with what is in his basket which it is his responsibility to do when he is using a self-checkout station" gee, I don't know, Harold. Why don't you come down off your mountain top and tell all us what we're missing?


    I spent over $160 I didnt count every single item that I had because I had no intentions of stealing ass hole. I asked for legal advice not your personal opinion about who I am.

    But if it makes you feel good to say shit like that about a person that you do not know I guess some random discussion board is the absolute best place for you to be.

    Thanks for nothing.

  9. #9

    Default Re: $16 from Walmart

    For those of you offering advice and direction thank you for your time I really appreciate it. I've never been in a situation like this and I'm completely lost.

  10. #10
    Join Date
    Feb 2020
    Posts
    750

    Default Re: $16 from Walmart

    Quote Quoting walkerstalker145
    View Post
    For those of you offering advice and direction thank you for your time I really appreciate it. I've never been in a situation like this and I'm completely lost.
    Having legal trouble is like being in the 'The Land of Oz' with foreign legal terms, unknown penalties, lying, exaggerating and false threats. If you do not get a lawyer Walmart or the prosecutor would like to throw you in jail for a year or amputate your right arm, which is why you may need a lawyer. IOW, don't take legal advice from them.

    The whole legal system is corrupt and your best defense is to get a lawyer that is as corrupt as they are.

    Please check back and tell how it turned out. I wish you the best.

    And next time, don't show your receipt at the door. Just walk past them and say "no." They will let you go because they know they have no legal right to see it or detain you. Let them tackle you to the ground and physically drag you to the back room, kicking and fighting all the way. After this ordeal you will learn who is your friend and who you can trust...and it isn't a little punk security guard at Walmart looking to put a feather in his hat.

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