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  1. #1
    Join Date
    May 2008
    Posts
    17

    Post Shoplifting In West Virginia

    My question involves criminal law for the state of: WEST VA
    I was shopping today and got distracted by a important phone call I was holding two lipstick which I took out to see from packages and continued talking after I finished talking on the phone I didnt realize that I was holding those two lipsticks and I put them in my handbag before this happend I was writing a number on a paper .I swear to God I didnt realize it and kept shopping for another half hour paid the money and walked out of the store.The lady on the store fromt door asked me to give her lipsticks back which I stole ,and I was shocked that Oh I put them in my bag accidently and tried to explain it to her as well.she took me to the
    back room with cameras and started mocking me when I said I will pay for it and it was an honest mistake.She called the police took pictures and got me many papers signed police came took my SSN and store card info n stuff I kept saying it was an honest mistake the lady mockingly said I will be billionaire if I collected a dollar everytime I hear this.The lady n police escorted me out to my car and I asked the police guy what will happpen he said if I am recalling it correctly that he will call me next week and it will go to court then something about bail bond and paying fine.I am shaking right now I called my husband and told him all about it.I am in a long time battle with my ex over visitation and custody matters in another state I never did this before and it was a mistake what would happen to me.I signed store papers cop took info and didnt give me anything or any numbers.Will this appear in my records can this cause problems with my case in other state ...it will be on my record forever how can I resolve this situation.I am a doctor and you can imagine the humilation I would face for that 20 $ worth of lipsticks....I am shaken to my core that its actually happening to me I am a responsible mother and citizen ...please help is kohls doing this because I am not caucasain.I am going crazy please help what steps should I take to resolve this issue and what could happen to me when I am looking for a job at this time.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Caught In Kolhs Store In Westvirginia Today

    First, let's dispel the idea that this is a racial issue.

    Second, the store has no way of knowing that this was an accident/mistake. To them it is just another shoplifter making excuses that they have heard over and over.

    This is a misdemeanor:

    §61-3A-3. Penalties.
    A person convicted of shoplifting shall be punished as follows:

    (a) First offense conviction. -- Upon a first shoplifting conviction:

    (1) When the value of the merchandise is less than or equal to five hundred dollars, the person is guilty of a misdemeanor and shall be fined not more than two hundred fifty dollars....

    ----------------

    Third, you can expect a civil fine from the store:

    §61-3A-5. Civil liability.

    (a) General rule. -- Any person who commits any of the acts described in section one of this article shall be civilly liable:

    (1) To restore the merchandise to the mercantile establishment; and

    (2) If such merchandise is not recoverable or is damaged, for actual damages, including the value of the merchandise involved in the shoplifting; and

    (3) For other actual damages arising from the incident, not including the loss of time or loss of wages incurred by the mercantile establishment or any merchant in connection with the apprehension and processing of the suspect; and

    (4) In all cases, for a penalty to be paid to the mercantile establishment in the amount of fifty dollars or double the value of the merchandise, whichever is higher.

    (b) Costs and attorneys' fees. -- A merchant who is a prevailing party under this section is entitled to costs.

    (c) Effect of conviction. -- A conviction for the offense of theft by shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section. However, a merchant who has recovered the penalty prescribed by section three of this article is not entitled to recover the penalty imposed by this section.

    (d) Right to demand payment. -- The fact that a mercantile establishment may bring an action against an individual as provided in this section does not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages or a penalty under this section remit said damages or penalty prior to the commencement of any legal action.
    --------------------

    I can't say if this will have any impact on your other case.

    You should consult with a criminal defense attorney and see if diversion is an option in hopes to minimiize the final outcome.

  3. #3
    Join Date
    May 2008
    Posts
    17

    Default Re: Caught In Kolhs Store In Westvirginia Today

    Thank you very much for your detail answer.I am so numb right now can not even think right.Should I go to store and apologize and is there a chance the charges will be dropped?
    Is it going to be on my record permanently?
    What is Diversion who do I call to get info about it.
    please help.
    I dont even know what was the name of the police officer how do I find out what are the charges against me.The officer did say we will run a background check if its the first time you are doing it or not.
    I am going to go crazy ...everything is ruined..for me and my family ...please God help me...please help me

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Caught In Kolhs Store In Westvirginia Today

    Okay, sam, take a deep breath, this is not the end of the world.

    Do not go to the store, you could get into trouble for trespassing. I know you feel bad, but they really don't want or care to hear it.

    You need to consult with a local attorney. You will hope that you can get a pre-trial diversion, which if you successfully complete the conditions you are given - then the charge against you will be dismissed and it will not show as a conviction.

    Now, take another deep breath and exhale....

  5. #5
    Join Date
    May 2008
    Posts
    17

    Default Re: Shoplifting In West Virginia

    Thanks for your reply again ,I really appreciate it ...lady mocked me you are a doctor ..that keeps haunting me..its a small place word gets around ..I will be labeled all that Oh my God!
    I will do what you told me ..but In the mean while should I wait for the police guy to call me and or send me some paper work or hire the lawyer BEFORE any of it ?
    .My husband went to the store and apologized the guy in store the shift manager said to call District office manager as he has no control ....
    well my husband called corporate office and filed the complaint before I told him what you suggested here ,corporate office didnt say anything...but they way I was treated was really bad can they do it ??And get away with it as well as their right ...is my only question.
    How did I get into this situation today I want to kill myself for thinking about shopping today.The lady said to turn in all the reciepts from the past that I had on me as well ,which I did .I was co-operative in this whole thing secondary to the shock or whatever I was going through but what's in store for me ..this is making me insane.

  6. #6
    panther10758 Guest

    Default Re: Shoplifting In West Virginia

    Your husband may have just made matters worse. Tell him to stay out of it and find an Attorney

  7. #7
    Join Date
    May 2008
    Posts
    17

    Default Re: Shoplifting In West Virginia

    Police called me today and said to come to police deptt tomorrow and turn yourself in ....he said then he will take me to the court and infront of judge there will be a bail bond and I will be free to go and after that there will be a hearing he said I will not need alwyer tomorrow but for the hearing you may need one.I am crying right now and dont know what to do.please advise me...I have not talked to any attorney right now ..what should I do?

  8. #8

    Default Re: Shoplifting In West Virginia

    Hi Sam... I'm sorry to hear you are so upset... try to take a deep breath...

    Personally, if I were you I wouldn't make any other moves without calling an attorney. If you can afford it, call one today, before you turn yourself in.

  9. #9
    Join Date
    May 2008
    Posts
    17

    Default Re: Shoplifting In West Virginia

    My husband is out of the state and I do not know anyone here ...how should find an atoorney ..plz help ..

  10. #10

    Default Re: Shoplifting In West Virginia

    Do you know anyone (friend of a friend perhaps) who knows an attorney? Any kind of attorney is okay because they can refer to a criminal one that they recommend, but you might feel more comfortable if it's someone you know (even if indirectly)...

    Otherwise, there's a link at the top of the forum to help find an attorney... http://www.expertlaw.com/referrals/criminal.html

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