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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Unhappy Accused of "Price Swapping"

    I was shopping at an Air Force Base Exchange in New Mexico and was arrested for "price swapping" on a pair of earrings. The earrings were on a card and marked at $8.00, similar (slightly different color) earrings were on a card marked at $10.00. I pulled off ONE earring from the $8.00 card to see how low they would hang and returned it to the card. I did the same from the $10.00 card, Since they were so similar, I decided to purchase the less expensive one. I made my purchases (I also purchased a necklace and clothing) and left the store. Outside the store, a store detective detained me and police were called to arrest me. They looked at store video with the detective for about 45 minutes. I was arrested, and given a US District Court Violation Notice that says "Observed on security camera appearing to swap merchandise prices." The police officer said I was doing alot of "handling" of them and that I came back to that area several times - I'm sure I did since I was trying to find something to go with a particular outfit.

    The card that the $8.00 earrings were on was apparently for a completely different pair that I never touched at or even looked at.

    I wrote out a statement to the police that says essentially what I've said here. I'm trying to have faith that this will all work out but, I'm terrified. I am a civil service employee with a security clearance and I fear for my job and future.

    Please help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Accused of "Price Swapping"

    Your best option is to speak with an attorney, and take him/her with you when you appear in court.

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

    Default Re: Accused of "Price Swapping"

    Out of curiosity, what was the actual sales price for the earrings that were on the $8 card?

  4. #4
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Accused of "Price Swapping"

    Thank you both for the replies.

    The earrings that were on the $8 card should have been $10. I also neglected to say that I've never ever been arrested for anything before. The only thing on my record for the last 20+ years is a speeding ticket (41 in a 30 zone).

    I've contacted my state bar association for a lawyer referal. Apparently I need a lawyer who can practice in Federal court and most in my area cannot. The bar association offers a program that gives 30 minutes of a lawyer's time for $30. Can you give me some advice on how to make the most of this. I'm told that even "simple" things like this can require a retainer of $3K or more. I've got a good job but I don't have that kind of money readily available.

    Also, are there things about Federal court this that are different from state or local court that I should be aware of?

    I've been doing some research and I understand that there is something called "pretrial diversion" that may be able to keep this out of court. Can you tell me anything about it?

  5. #5
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Accused of "Price Swapping"

    Regardless, you can kiss your security clearance adios!

    Of all of the things to consider ahead of time, that should've been at the forefront!

    Let me state it this way, many moons ago, when the FBI was investigating me for a high-level security clearance, I almost was denied due to a vandalism arrest (not charged!) from when I was 11yrsold!

    Methinks a recent arrest for criminal activity will NOT bode well for your clearance's retention.

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