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  1. #1
    Join Date
    Feb 2006
    Location
    Ky
    Posts
    4

    Default Innocent but absentminded

    I was apprehended at a kohls department store with my children. I had been trying on bras in a small dressing room with a double stroller. I triedn on like 10 bras. In the mean time my daughter pooped up her back my son started screaming. I started lactating. I was in a hurry. Had to go back to dressing room twice to get the coat i forgot and my daughters hair tie she pulled out. I was in a hurry to leave. I never realized that 2 bras fell behind my son and one was hanging out of the stroller on the side in plain view. The man stopped me. I can see thier point of view. But i really did not do it. The Lp says she saw me conceal them. I know she could not have because i didnt. I am 25 and trying to complete my masters degree. This will ruin my career. I refuse to say i did this even if it means no record, pre trial diversion. I did not intentionally take these bras therefore i will not admit to it. I know my only other option is trial. What are the chances of winning? I understand the Lp's point of view they would not listen to mine. They called me a bad mom said i was under arrest. I signed a sheet of paper saying i would never come back. I was really in a panic they said if i didnt sign it they would take my kids away. I was hysterical. Did this paper admit guilt. Anyone who knows kohls policies please let me know. I am really scared my great career just got ruined. Is it dumb of me not to take a plea just to keep my personal integrity. Help please

  2. #2
    Join Date
    Feb 2006
    Location
    CA
    Posts
    2

    Default

    I suggest you contact the store and speak with the store manager. Obtain the District Loss Prevention Manager's phone number so you can discuss the situation with him/her. The paper you signed was a trespass form not an admission to guilt. Were the bras in your cart or on your person?

  3. #3
    Join Date
    Feb 2006
    Location
    Ky
    Posts
    4

    Default

    The Bras were found in the baby stroller. Two behind my son and one hanging off the stroller. I was relly being absent minded. I do see though how it looks. The Lp was very sure of herself and said I disgusted her using my kids that way. I am not sure going through the store manager would work. I will try though. One of the worst things about this is the bras were not even my size. She told me i was taking them for someone else. Thank you for your advice. I will try to contact them.

  4. #4
    Join Date
    Feb 2006
    Location
    CA
    Posts
    2

    Default

    The Store Manager will give you the District LP Manager's phone number. You need to talk with the DLPM because he or she is the one that can decide not to prosecute you.

  5. #5
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    You might also want to call a lawyer, using threats to take away your kids just to obtain a signature is a big problem. You're under no obligation to sign anything that you don't want to.

  6. #6
    Join Date
    Feb 2006
    Location
    Ky
    Posts
    4

    Default

    Thank you for your advice. I have sought out legal council in the matter. I am going to ask him weather or not I should/can contact the dlp manager. As for the threats i guess lp's can say whatever they want. He was allowed to tell me i was under arrest/ that if i left after two hours of waiting they would charge me with robbery and take the kids away if i didnt sign. Now i know that he was unable to do all of what he said. Hind sight is always 20/20. But they can say anything they want. It was my fault for believeing him. It was a traumatic experience and i was very worried about my children so I didnt want to take any chances. Thanks again.

    Anyone who is an LP how many people that you have seen go to trial win. I refuse to admit to this so i the lawyer said my only option is trial by jury. SO i am wondering.

  7. #7
    Join Date
    Feb 2006
    Location
    NY
    Posts
    18

    Default

    As you tell your story I can see it all play out in my mind's eye--like something from a crazy movie. Stress, and especially since you are a young mom, can rearrange your priorities. I am not a pro, but from what I have read, I think INTENT is important The fact that one bra was hanging off the side of the cart in plain view is to your advantage. However, the other two bras behind your son are more ambigious. It was not as if you had them on your person and kids do grab things and put them in the cart often. I would contact the higher up LP as suggested. If you are an honest person it will show--I would assume most LPs are a good judge of character. Sorry you had to go through that. It feels awful to be accused of doing something you didn't and more so in front of your children. Innocent or not their treatment towards you was emotionally abusive and NO they cannot say whatever they want. America...innocent until proven guilty; you have rights.

  8. #8
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    Absentminded, I work in LP and have gone to court many times but rarely testify. The reason for that is the guilty ones KNOW it and make a deal for a lesser charge. I've never gone to court on an innocent person, maybe it was the way I was trained or my own standards but it doesn't happen that way. I'm guessing the LP's were young and don't have much experience in doing their job so they played the game to cover the fact that maybe they shouldn't have stopped you for theft in the first place. I know this will sound corny as hell but I'm a firm believer that 'right wins out over wrong'. Honestly it's a crap shoot on fighting this but if you're in the right you gotta do what you gotta do. A smart lawyer should be able to find a weak spot in this case, good luck.

  9. #9
    Join Date
    Feb 2006
    Location
    Ky
    Posts
    4

    Default

    Well my first court date is in the morning. I am really nervous. I refuse to plea. So I hope i found a good lawyer. Please wish me luck. I am putting all my trust in our legal system. I hope I can come out a believer in it. Thanks for everyones comments

    Oh and the high up LP says he sticks behind his officers. SO there is no need to go over the evidence until court. SO that was a dead end. But it was worth a try thanks for the idea.

  10. #10
    Join Date
    Oct 2006
    Location
    new york
    Posts
    3

    Default Re: Innocent but absentminded

    Quote Quoting innocentabsentminded
    View Post
    Well my first court date is in the morning. I am really nervous. I refuse to plea. So I hope i found a good lawyer. Please wish me luck. I am putting all my trust in our legal system. I hope I can come out a believer in it. Thanks for everyones comments

    Oh and the high up LP says he sticks behind his officers. SO there is no need to go over the evidence until court. SO that was a dead end. But it was worth a try thanks for the idea.
    hi, I was wondering what ever happened with you case?

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