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  1. #1
    Join Date
    Feb 2008
    Location
    Kings Mountain
    Posts
    15

    Question Assault on a Female by a Wal-Mart Employee for Concealing Goods

    My question involves criminal law for the state of North Carolina.
    Ok, today I was at Wal-Mart with my sister,one of my daughters,and my nephew.(Ages 7 & 9)While my sister was getting her nails done,I decided to take the kids walking around the store.
    I was short on cash, so,maybe this wasn't such a good idea!
    Well, I'm on disability for physical and mental disabilities,so I recieve little money
    due to being disabled.We went to the girls clothes section,and my daughter started looking at everything! It was "Mommy I want this!" over and over.So, over and over I told her I couldn't afford it.She started crying and told me she never gets anything anymore,since I've been on disability. I felt horrible because of what she said because it's true.We BARELY survive due to so little income.http://www.expertlaw.com/forums/imag...lies/frown.gif


    I decided to shoplift her and her sister both 2 new summer outfits each.Yes, I already know that stealing is a very bad thing,but I was heartbroken,and wanted to conceal the clothing until I got home,and put them in a Wal-Mart bag and tell her that I had bought them for the 2 of them.I NEVER let my daughter, or my nephew see me put ANYTHING into my purse! That would have been absolutely terrible on my behalf.I was just walking around the store, and all of a sudden, I was startled by a very big man who had grabbed my arm and jerked me around and said LOUDLY.."You're coming with me, you damn theif,RIGHT NOW! Yes, in front of the kids.I was taken to a room where
    I was in there with the large man, a woman,and the kids.The man cursed me,called me a "crackhead",told me to shut the F*** up,told me I was a "Sorry ass mother",etc...It would take at least an hour to tell you everything he said to me,but he also got loud and rude with my daughter and nephew.

    He got in my little girls face and said,"Guess what littlr girl,you're getting a new family with DSS, and the best part is, you get to watch your no good for nothing mother go to jail!" I was outraged! She immediately went into tears,crying very loudly,and whimpering.He told the lady in the room to "Get rid of this crying little brat. It's not our fault her mother is a worthless theif!" "Get her the hell out of here before she gets on my last damn nerve!" By then, they found my sister, and she took the kids and left,and told me to call to let her know what was happening to me.At first, I had given the walmart people a fake name,address,ss#, and all.Then,they grabbed my purse,got my wallet out, and went through the entire thing.(without my permission, or even a law officer present)When the officer arrived, he was so nice to me that I told him my true identity,what happened and why,etc.The large guy cursed at me quite a few times in front of the officer.
    I was handcuffed, and taken to the station.Later I was released with a citation for concealment of goods,and released into my sister's custody.Well, when I got home, I noticed that my left arm was hurting pretty bad where the man at Wal-Mart grabbed me, and snatched me around. I started looking, and there is a BIG bruised "human hand print" on there,right where he grabbed me.
    My family is outraged, and said that I needed to take a warrant out for assault on a female,and "Defacement of charactor?"(I don't think the first word is spelled correctly...?)Also to sue walmart for letting an employee assault me,and make me look like a disgrace in front of my child & nephew,and at first, anyone around the place where he had grabbed me.He was very rude and loud.I called walmart to find out his name, and the manager said that basically, I was lying,and that I would find out his name in court.ONLY THEN,would I find out his name.How do I take a warrant out on someone whom I don't know their name? I can't...I have a lawyer already for the concealment charge, and he advised me to get a lawyer who dealt with the assault part, and the defacement of charactor part,and sue the man and walmart.He also told me to take out a warrant.What do you do in this type of situation?I really could use any and all advice on this one....would someone PLEASE help me to go into the right direction??? I would greatly appreciate ANY and all advice that anyone may have! Thanks so very much, in advance!
    Ohh, and yes, I took photos of my arm with my phone, and 2 digital cameras...~Abused & Confused~

  2. #2

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods.(What Should I Do

    Individuals can't take out warrants - prosecutors request warrants from a judge. Individuals can file a police report and see if the DA's office will press charges - but I wouldn't count on it. Your other option is to hire an attorney and bring a case in civil court for damages.

  3. #3
    panther10758 Guest

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    Just as a note filing criminal or civil charges on Walmart will not remove the theft.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    There is no such charge as either "assault on a female" or "Defacement of charactor".

    There is assault... but you were apprehended during the commission of a crime.

    You can sue. They will win.

    Your theft is not erased because you got apprehended.

    Don't even try to sue them for anything approaching your character. You were caught during a theft by taking. Being called a thief may be embarrassing, but it is accurate.

    And you need an attorney. Committing a crime with your children in tow - and don't even try to tell me that you stole without them knowing or that it was the first time... just don't waste my time - may bring DSS into the mix.

    You have to agree that watching their mother steal in full view of them can't be good for them.

  5. #5
    panther10758 Guest

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    I have seen many cases where a Mom/Dad had her children taken from them (for a short time) when Mom/Dad stole and there was no other parent or responsible adult to leave them with. This is when CPS is called in some cases then not only do you have a criminal case to worry about you have Civil Demand and now CPS on your case for at least 30 days

  6. #6
    Join Date
    Feb 2008
    Location
    Kings Mountain
    Posts
    15

    Angry Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    Ok, first off, I DID NOT conceal the goods with my kids watching me-the officer who took me to the station,and the walmart employees talked with both my daughter,and my nephew in private,and asked them individually if they saw me put anything in my purse,also asked them if I had involved them in "Helping me" to conceal the goods in ANY way,and the both of them said "NO" so therefore,I'm not trying to "waste anyone's time" here.I was also told that DSS would be involved if the children said that they helped me or saw me conceal the goods.Since both of them said "NO",they had no choice but to drop DSS out of the situation at hand,because I was with them the entire time I was apprehended, in the presence of walmart employees & a police officer,so there is NO WAY that I could have told them what to say to authorities.If you don't believe my story,I'm sorry. Opinions are like assholes....everyone's got one.But this is an anonymous law forum for people who would like to post a law question that anyone can reply to.Why lie if noone knows who you are????
    Second,my question was about a "bruised hand print" that a walmart employee put on my arm by grabbing me,and jerking me around.It was simple.
    Here's the question in other words: "Can I press charges against the walmart employee for bruising my arm in the form of a handprint due to him placing his hand around my arm,while squeezing it and jerking me around in a circle?"
    That's all I want to know!
    Third, I'm 32 years old, and I know that stealing is wrong, and being called a theif is accurate.I admitted that in my first post.All I was saying is they could have went about my theft situation in a more "professional" way,without the cursing,screaming,name calling, and mostly, the assault itself.
    Just to let it be known, I'm not wanting to press charges against that employee as a way of "getting out " of the theft charges. Again, as I said in the first post..."I already have an attorney for the theft charges".And I'm ready and willing to take whatever punishment that is given to me because I know that stealing is very wrong and also a crime.So, please don't take my story the wrong way and "assume" that I want to press charges for assault as a way of "getting back" at walmart,nor "taking away the theft charges".I told the entire story to give everyone an insight on EVERYTHING that happened,so that I may recieve an accurate, and "Sincere" answer.Not sarcasm, or ridicule. With that said, will someone NOW tell me if I can press charges on the walmart employee for assaulting me? And if I can, how? I've never in my life had to press charges on anyone for anything, my lawyer is at the beach and recieving very little signal on his cell phone,so I can talk with him instead of this forum. So, can anyone answer my "question?" PLEASE? Thanks-http://www.expertlaw.com/forums/images/styles/expertlaw/smilies/wink.gif

  7. #7
    panther10758 Guest

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    You have an Attorney you should get your advice there. I would also suggest your Attorney does not want you posting details on a forum easily searched using almost any search engine. Be sure to show you rposts to your Attorney I can assure you he wont be pleased

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    Quote Quoting Nevaeh75
    View Post
    Can I press charges against the walmart employee for bruising my arm in the form of a handprint due to him placing his hand around my arm,while squeezing it and jerking me around in a circle?
    You can tell that to the police and they can forward the report to the DA. Crimes are reported to the police. If the employee said he grabbed you to detain you for the theft, and a detention by reasonable physical force is permitted in your state, you will have no case.

    I'd bet a paycheck the DA won't file charges, but, you can try.

    You can also pay an attorney to see if you have a civil case against the employee or Wal-Mart ... I can't see that going anywhere, either, but it's your money to spend for the consultation (unless you can land a FREE consultation).

    I admitted that in my first post.All I was saying is they could have went about my theft situation in a more "professional" way,without the cursing,screaming,name calling, and mostly, the assault itself.
    Being rude is not criminal. If they were "unprofessional" complain to Wal-Mart.

    - Carl

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    actually, I believe there may, and not I said MAY be an action against the LP person but it is very dependent on the exact circumstances, which we will never be aware of.

    While an LP may have a right to detain you, in most states, that is limited to reasonable use of force, if allowed at all. His aggressive action and the resulting bruise may arguably be considered excessive use of force.

    such actions have already been adjudicated in North Carolina so anybody interested can research such actions.

    as far as the rest of your complaints, no way. and DSS does not drop out of this simply because your children did not view you stealing. It goes beyond and into your home as to; are you providing a safe and proper home for your children. Theivery is generally not part of a good home and depending on the total situation, you may still have the DSS to contend with.

    and to consider Carl's post; the first case I looked at was not a criminal prosecution of the LP personel but a civil tort action.

  10. #10
    panther10758 Guest

    Default Re: Assault on a Female by a Wal-Mart Employee for Concealing Goods

    The mere fact you stole with your children present (even if they did not see) is plenty to give Children's services concern and to intrude into your life for at least 30 days while they look into you and your family.

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