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  1. #1

    Default Shoplifting and Hurt by Security Guard

    My question involves criminal law for the state of: North Carolina

    I was recently arrested for Shoplifting at Kohl's Dept Store. I am bipolar and was in a manic state due to news of a death in my family. When I'm manic, I do things I wouldn't normally do and have no memory of doing these things. I do not even remember driving to the store. What I do remember is being body slammed by a large man when I walked outside. I was not knocked down, but he slammed me so hard I thought I would break in two. He grabbed me by the arm, led me in the store and took me into the security room. I have bruises on my arm from where he grabbed and led me into the store. I did not resist in anyway. I am a small woman and he is a very large man. I am having back surgery in a month and he slammed me so hard it knocked the wind out of me.
    I was kind, polite and quiet. I did not protest in anyway, my purse was full of things. The police came and took me in for processing. He spoke to the magistrate telling him I had been respectful and kind, so I was released on my signature.
    I am not one to sue or make problems bigger. I immediately called my therapist who has gotten me into an intensive outpatient program and I'm getting help. I am a good person with a clean record, but I am mentally ill. This security guard physically hurt me. Can I contact the D.A. about my problem? Can I contact the store about the physical harm? What can I do? My court date is 45 days from today...can I work something out so this won't have to go trial? Please help. I appreciate any advice and appreciate your time. I am indigent because my SS disability has not yet started. I can't afford a lawyer and prefer to not have court appointed representation.

  2. #2
    Join Date
    Apr 2009
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    Inland Empire
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    1,410

    Default Re: Shoplifting and Hurt by Security Guard

    Quote Quoting lostandneedhelp
    View Post
    My question involves criminal law for the state of: North Carolina

    I was recently arrested for Shoplifting at Kohl's Dept Store. I am bipolar and was in a manic state due to news of a death in my family. When I'm manic, I do things I wouldn't normally do and have no memory of doing these things. I do not even remember driving to the store. What I do remember is being body slammed by a large man when I walked outside. I was not knocked down, but he slammed me so hard I thought I would break in two. He grabbed me by the arm, led me in the store and took me into the security room. I have bruises on my arm from where he grabbed and led me into the store. I did not resist in anyway. I am a small woman and he is a very large man. I am having back surgery in a month and he slammed me so hard it knocked the wind out of me.
    I was kind, polite and quiet. I did not protest in anyway, my purse was full of things. The police came and took me in for processing. He spoke to the magistrate telling him I had been respectful and kind, so I was released on my signature.
    I am not one to sue or make problems bigger. I immediately called my therapist who has gotten me into an intensive outpatient program and I'm getting help. I am a good person with a clean record, but I am mentally ill. This security guard physically hurt me. Can I contact the D.A. about my problem? Can I contact the store about the physical harm? What can I do? My court date is 45 days from today...can I work something out so this won't have to go trial? Please help. I appreciate any advice and appreciate your time. I am indigent because my SS disability has not yet started. I can't afford a lawyer and prefer to not have court appointed representation.
    Give me a break No, you can't contact the D.A. about this. You yourself said you can't remember what happened priot to being "body slammed." Who knows, you could have been running, you could have been resisiting, you could have been threatening.

    I hate it when people use mental illness as an excuse...and that is exactly what you are doing. You should be ashamed

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Shoplifting and Hurt by Security Guard

    Did you tell the police that you had no memory of the incident? Your psychiatrist backs this up? It's not related to your misuse of medication, or your use of other drugs or alcohol?

    No matter what the cause, your memory loss is not likely to provide any refuge because you knew what you were doing when you stole, and chose to do so anyway. I expect a lot of people will be skeptical of the timing of your recovery of memory - the moment you were detained, but not one moment sooner.

    Why didn't you tell the police about being "body slammed" when they spoke to you after the incident.

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

    Default Re: Shoplifting and Hurt by Security Guard

    So, you don't remember what happened but you are sure you were polite, well mannered and not physical with the guard.

    You can't have it both ways... especially when THEY have the security tape.

  5. #5

    Default Re: Shoplifting and Hurt by Security Guard

    You, sir or madame, have obviously never dealt with or suffered from a mental illness. I wish it were an "excuse"...otherwise I wouldn't have spent a big part of my life institutionalized. I hate being this way and, more so, I hate biggots who have no compassion.

    The security guard said told the officer that I did not resist. Yes, I told them that I had no memory of even driving to the store and my therapist can "back it up." I do not use drugs or alcohol, except my mental meds and I take them as prescribed. I told the security guard he hurt me, but I didn't mention it to the police because I was, well, I don't know how to explain it...it was all surreal. As far as my memory returning at the moment it did, I guess a physical jolt like the one I got is what "woke me up."

    I'm not trying to have it both ways...inside and outside cameras prove that I was not resisting in any way.

    I just want a plain answer...I did something wrong (I'm not using my mental illness as an excuse), but I was manhandled, hurt and bruised in the process. I will take my punishment, but can something be done about the physical abuse.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting and Hurt by Security Guard

    First: If you are being honest about having no memory of driving to the store....please, for the sake of your safety and that of others, please hang up the keys until your condition is under control.

    As for the physical abuse: You would have to have your lawyer ask for a copy of all evidence including video. Perhaps you were resisting? When I was caught (at a Kohl's), they did not lay a hand on me, just escorted me to the LP room. Until you know for sure that you were not resisting, at best, you could write a letter to the store's Corporate Headquarters.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Shoplifting and Hurt by Security Guard

    Quote Quoting lostandneedhelp
    View Post
    You, sir or madame, have obviously never dealt with or suffered from a mental illness. I wish it were an "excuse"...otherwise I wouldn't have spent a big part of my life institutionalized. I hate being this way and, more so, I hate biggots who have no compassion.

    The security guard said told the officer that I did not resist. Yes, I told them that I had no memory of even driving to the store and my therapist can "back it up." I do not use drugs or alcohol, except my mental meds and I take them as prescribed. I told the security guard he hurt me, but I didn't mention it to the police because I was, well, I don't know how to explain it...it was all surreal. As far as my memory returning at the moment it did, I guess a physical jolt like the one I got is what "woke me up."

    I'm not trying to have it both ways...inside and outside cameras prove that I was not resisting in any way.

    I just want a plain answer...I did something wrong (I'm not using my mental illness as an excuse), but I was manhandled, hurt and bruised in the process. I will take my punishment, but can something be done about the physical abuse.
    Fine... I will say this straight.

    If you think you were abused, call the police.

    Whether or not you will succeed will have absolutely NOTHING to do with your theft case.

  8. #8

    Default Re: Shoplifting and Hurt by Security Guard

    Thank you, cyjeff and PandorasBox. You have both been very kind.

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