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  1. #1
    Join Date
    Apr 2010
    Posts
    3

    Default Attempted Shoplifting, No Cops - Can I Still Be Charged

    My question involves criminal law for the state of: Massachusetts

    I was at a grocery store where you scan and bag your own items as you shop. Stupidly i decided not to scan some items and was stopped while going into check out for a random check. (I had not checked out yet) They were to scan 7 random items in my cart and of course not all of them showed up. The lady told me that I needed to re-scan everything at a register, which i did and paid in full. Nothing else was said and I just left the store. I paid by credit card and have a card for that store (you give your license when applying) so I'm wondering if they can use that information to charge me with something? I didn't technically steal anything because I paid for everything (and I kept the receipt), nothing at all was said to me about it, and I hadn't even gone through check out yet when I was stopped. I'm scared to death though because I've never done anything this stupid before in my life. I have a clean record, not even a speeding ticked. Please any advice would be so helpful!!!

  2. #2

    Default Re: Attempted Shoplifting- No Cops, Can I Still Be Charged

    No, you can't be charged with theft as you paid for your purchase.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Attempted Shoplifting- No Cops, Can I Still Be Charged

    Actually, that isn't exactly true.

    If the OP concealed the unpaid for merchandise by sticking it into the bag with the paid for merchandise, that could be considered theft.

    Even if she paid for it later.

    Now, the chances of that actually being charged are remote in the extreme, but I wanted to throw that in.

  4. #4

    Default Re: Attempted Shoplifting- No Cops, Can I Still Be Charged

    Quote Quoting cyjeff
    View Post
    Actually, that isn't exactly true.

    If the OP concealed the unpaid for merchandise by sticking it into the bag with the paid for merchandise, that could be considered theft.

    Even if she paid for it later.

    Now, the chances of that actually being charged are remote in the extreme, but I wanted to throw that in.
    Maybe you missed this part - "The lady told me that I needed to re-scan everything at a register, which i did and paid in full" As I read the post - she was allowed to pay for all of the merchandise and leave the store. Just how could they come back and charge her?

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Attempted Shoplifting- No Cops, Can I Still Be Charged

    Quote Quoting Security Consultant
    View Post
    Maybe you missed this part - "The lady told me that I needed to re-scan everything at a register, which i did and paid in full" As I read the post - she was allowed to pay for all of the merchandise and leave the store. Just how could they come back and charge her?
    Because if she had to rescan, that means that the original scan was completed.

    Further, you don't even have to reach the register for concealment to be cause for detainment.

    Therefore, if, at any time, she concealed the merchandise in an attempt to avoid payment, it may be actionable. Just because the store brought her back to pay for the unscanned items does not mitigate the fact they were concealed in the first place.

    Again, since the store has been paid, I find this a low probability... but, technically, the concealment itself was theft.

  6. #6

    Default Re: Attempted Shoplifting- No Cops, Can I Still Be Charged

    Massachusetts is one of the states that has a concealment law. Not every state allows for that. But, the fact that she was "caught" at the registers and allowed to scan all of the merchandise and leave the store, there is no (0) chance they can do anything to her. In this case, Civil Demand would even be excluded as an option by the retailer.

    cyjeff - Just a little history on the "concealment" laws. When Arizona passed the concealment law in 19whatever I, along with other LP practitioners, applauded. But, after my agents lost two shoplifting cases (jury trials) based on the concealment law I instructed my staff to not make any more concealment cases. In both cases the juries believed the defense of the thieves - "I really intended to pay for it". One of them tried to sue, but his complaint was thrown out of court as we had probable cause under Arizona law.

    Remember, just because the law says you can - does not mean you can.

  7. #7
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Attempted Shoplifting- No Cops, Can I Still Be Charged

    Thank you for your advice. It's very helpful. For the concealment issue- I had the items in my cart (and you carry around a scanner as you shop). I was about to go through checkout (where you just scan the scanner and all your items come up on the board- and just for clarity there is an option where you can scan remaining items in the cart) and my scanner stopped working, so the lady came to help me and then she scanned some stuff in my cart which did not appear. That is when she told me I needed to use a regular checkout not a scanner. I'm not sure if this is considered scanning and then having to re-scan because I technically only went through the checkout once. I dunno if that helps clarify the concealment issue or makes it worse. Thanks though, I've decided if they were planning to do anything they would have at least detained me and asked for my name, instead of letting me pay and walk out.

  8. #8

    Default Re: Attempted Shoplifting, No Cops - Can I Still Be Charged

    From what you wrote - there was no concealment.

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