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  1. #1
    Join Date
    Nov 2007
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    1

    Default Charges for Concealing Merchandise

    what are the consequences for being charged for concealing merchandise in the state of va? and if it goes on my record how does it show and how will it affect me in the future?

  2. #2
    panther10758 Guest

    Default Re: charges for consealing merchandise

    If you wer enot arrested how is you have a court date? You should consult with a criminal defense Attorney and discuss your options

  3. #3
    panther10758 Guest

    Default Re: charges for consealing merchandise

    Concealment (even partial) is a crime in your state. If you had past the last point of sale the LP acted as if your intent (which you cannot prove) was to steal. It will be difficult to defend but again talk with an Attorney

  4. #4
    panther10758 Guest

    Default Re: charges for consealing merchandise

    Virginia

    § 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.


    Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

    § 8.01-44.4. Action for shoplifting and employee theft.


    A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.


    B. A merchant may recover a civil judgment against any person who commits employee theft for two times the actual cost of the merchandise to the merchant, but in no event an amount less than fifty dollars. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.


    C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.


    D. A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section if any criminal action has been initiated against the perpetrator for the alleged offense under §§ 18.2-95, 18.2-96, 18.2-102.1, or § 18.2-103 or any other criminal offense defined under subsection F. However, nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under §§ 18.2-95, 18.2-96, 18.2-102.1 or § 18.2-103 or any other criminal offense defined under subsection F.


    E. Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.


    F. For purposes of this section:


    "Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own use without full payment.


    "Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.

  5. #5

    Default Re: Charges for Concealing Merchandise

    It's probable best if you explain more. Like what did you do, and where were you stopped.

    Shoplifting is not taken that serious in most areas, and Concealment is even less serious.

    Most stores don't allow their employees to arrest you on concealment alone, even where the law permits.
    Because if they felt you were going to steal it, they should wait till you leave the store., plus a concealment case is a lot easier to fight against in court. There are a lot of reasons why someone might want to conceal an item before they pay for it, and might not realize its against the law.

    You could have an item in your hand, and your phone rang, so you put it in your pocket, in-order to us your phone.
    You might have had too many items to hold on to, no basket, so you put them into a bag you had to carry them to the register.
    You could have an item to buy as a gift, and the person it was for was going to see it, so you hid it till you got to the register.
    Maybe it was an item that you didn't want to be seen with, so you were planning on hiding it till you got to the register.

    Concealment stops are normally done, when the person is going to go into a bathroom or changing room, where the person watching you would have lost sight of you, or if there is several people stealing separately in different areas at the same time.

    Concealment case are made stronger, if you removed the item from its hanger or packaging, or removed it alarm tag or price tag, or if you were arrested before for shoplifting.

    But your question was about the consequences for being charged for concealing merchandise. You will need an attorney, the court will even give you a public defender. They will tend to make a deal with the DA, and not much will happen and it shouldn't effect your record.

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