$16 from Walmart

[walkerstalker145]

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.

[flyingron]

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.

[adjusterjack]

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.

[Harold99]

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?

[flyingron]

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.

[Shrinkmaster]

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.

[Harold99]

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?

[just blue]

So, you got nothing? You cannot come up with one way a defense attorney would defend the OP?

Why don't you post a "defense" for OP rather than scold the others for what they advised?

[Harold99]

Why don't you post a "defense" for OP rather than scold the others for what they advised?

I will do that, but after Ron or Jack respond.

Between the two of them they have about 40,000 posts here. I'd like to know if they are able to see a case from the other side of the table? Wouldn't you?

[flyingron]

I'm done. I indicated what his strategy should be: either take a pretrial diversion if available or get a lawyer. I've got no interest in dealing with Harold incessent anti-lawyer, incorrect, dangerous, and almost always ludicrous suggestions.