Shoplifting, Larceny, Robbery, Theft Accidental Shoplifting Question

I'm sure this sounds like the oldest excuse in the book, but in my case it's true. I was shopping at my local Target yesterday and I put a 24-pack of beer in the bottom compartment of the cart below the basket, which has small holes in it, but is not easy to see through. I did some more shopping for a while after that and went to the cashier to pay. I unloaded everything, but forgot about the beer. I was not asked if I had anything else, nor was my cart checked. I loaded up my groceries after I paid for them and proceeded out of the store, to my car. I was approached outside by a loss prevention employee and was informed that I didn't pay for the beer. I acknowledged that I had unpaid merchandise and followed him back into the store, thinking he was going to lead me to a cash register to pay for it. I didn't even think I was being accused of anything at that point. Then he turns to lead me to the Employees Only section of the store and I realize what's happening. At this point, I'm pretty much in shock. I start getting angry, but follow him to the loss prevention room. An undercover loss prevention employee joins us at that point and tells me they believe I stole the beer. I tried explaining to them that it was an honest mistake and I'd gladly pay for the merchandise, as was my intention from the start. I asked if it's the cashier's duty to check the cart and make sure these things don't happen, he said "Yes, and I'm going to have a talk with her about that." Also, he stated at some point that because I left the store with the unpaid item, that makes me guilty. So to clarify, I asked him if the loss prevention employee that stopped me had been quicker and stopped me before I crossed the threshold, then everything would be fine. He replied, "Yes." That seems a bit too convenient to me. Since then, I've been trying to find store policies on both the cashier's duties and whether or not a guard needs to be posted at the exits to stop people, but have had no luck.
Things got pretty heated. I never behave the way I did in there towards anybody, but I was pretty much in a blind rage. I just couldn't believe I was honestly being accused of trying to steal from them (I've been a happy, loyal customer of theirs for years) and I was beyond frustrated that my integrity was being questioned. Clearly, I didn't handle the situation well. I was so wrapped up in trying to prove my innocence and still, frankly, in shock at the whole situation, that they even got me to sign what I later found out was an admission statement. I wasn't clearly explained what my options were. I do remember one of the employees mentioning an admission statement, but I was never told to read and acknowledge what I was signing and I believe I was put under duress, just so they can pin a fine on me. I was so angry and wasn't really thinking about my situation in legal terms, I just wanted to get out of there. I asked what would happen and they told me I would receive a fine later in the mail and they also took a picture of me and my ID. So now every time I walk into my favorite store, I'll be seen as a thief. None of this should've happened. I know it's my responsibility to pay for everything I take from the store, I would never try to steal anything from anybody, but mistakes do happen. This is the one-in-a-million case where that really is the case and now I've been branded a thief. As far as I know, I'm not banned from entering another Target, but even if I'm not, I don't think I can ever bring myself to go back to any Target location ever again. So now I have a few questions:
1. What's going to happen next and will there be a record of this outside of the store? Can it affect me in the future?
2. If I don't believe I should pay the fine, what can I do?
3. Do I have any chance of taking this to court and proving my innocence?
4. Would it be wise to go back to the store and try to clear things up with management?
A lot of question, I know. Unfortunately, I think I already know the answer to some of these, but I'm just utterly confused and frustrated by this whole situation. I just want to know what my options are (if any) and I want to move past this situation as painlessly as possible.
Thank you for your help.

qwerty said:

1. What's going to happen next and will there be a record of this outside of the store? Can it affect me in the future?

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No one can guarantee what will happen to you.

However, in cases similar to yours, you stay out of the store, pay the civil demand, and that ends this sad piece of business forever.

Don't even discuss "accidental shoplifting".
Why?
That term imputes GUILT immediately in the monds of loss prevention personnel, the police, and even the courts.

What you described wasn't an accident, even if it was.
Why?

Because the law takes no note of why you failed to pay for the goods.
One of the elements of theft is you never paid, or made an effort to pay for the alleged purloined goods.

By blabbing, all any suspect does is seal his/her fate.

Had you remained silent, maybe you could have beaten this in a court of law.

Too late to consider that now, because you mistakenly did blab.

However, all you can do is pay up, stay away, and don't do anymore stupid stuff.

qwerty said:

2. If I don't believe I should pay the fine, what can I do?

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___________________________________________
There will NOT be a fine.
Why?
Because there will not be any criminal court proceedings.
The police weren't involved.
_________________________________________________

You will PROBABLY receive a civil demand in the US Mail.
You can pay it, or allow the credit collection scavengers harass you, eventually pounding the SNOT out of your FICO.

To pay, or NOT to pay, that is a question ONLY you can answer.

qwerty said:

3. Do I have any chance of taking this to court and proving my innocence?

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Court?

Unless criminal charges are filed, HIGHLY UNLIKELY, there will be no court.

You could eventually get sued for NOT paying the civil demand, however.

Again, highly unlikely, but if you are sued, there you go; a chance to as you say, "Clear your name."

Don't bet your possessions on the matter ever going to court, whether you pay or not.

qwerty said:

4. Would it be wise to go back to the store and try to clear things up with management?

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Returning to that store anytime within the next FIVE years would be incredibly stupid.

It could also result in your arrest, and subsequently being charged with some form of "criminal trespass".

qwerty said:

What's going to happen next

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You are likely to get a civil demand letter asking you for money. I know this is bad news but your best bet is to pay it without argument and that's likely to end it. You do, of course, have the option of not paying it but the store also has the option of reporting to the police which might or might not result in criminal prosecution.

qwerty said:

will there be a record of this outside of the store?

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Might be a clearing house that retailers subscribe to. No way to predict.

qwerty said:

Can it affect me in the future?

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Without criminal charges, it will not.

qwerty said:

If I don't believe I should pay the fine, what can I do?

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Refuse to pay it and take your chances.

qwerty said:

Do I have any chance of taking this to court and proving my innocence?

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Slim to none. If you are charged with a crime, you'll spend thousands on a criminal defense attorney, with virtually no chance of acquittal.

qwerty said:

Would it be wise to go back to the store and try to clear things up with management?

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Nope. It was management at the highest level that put the loss prevention procedure in place. There is nothing to clear up.

qwerty said:

I want to move past this situation as painlessly as possible.

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The best way to do that is quietly pay the civil demand and move on.

Yea I figured that was the case on most of these answers. Not exactly the best news, but thank you both for your timely responses.
So even if I was not specifically told I couldn't return to the store, am I still banned? How is a person supposed to know that if they really aren't given much information before, throughout or after the process? The whole thing seemed pretty predatory to me, honestly. Their coercion tactics are immoral at best. I understand it's their job to catch shoplifters and looking at it from anybody else's point of view but my own, I don't see why anybody would believe me. I guess I'm still very naive in that respect and like to think that things will work out if you live your life in an honest manner. Stupid me, I guess. I know this isn't that big a deal and there are far worse things that can happen to a person, but still, this is not a situation I ever thought I'd find myself in. Thank you once again.

As you describe the incident you did not commit a crime.
Theft requires intent, which there is apparently no evidence of. You also did not unlawfully conceal the merchandise.
You forgot the item was in the bottom of the basket and the cashier also neglected to check. Mistakes happen.
You should not have signed any document without reading it, but it's not the end of the world that you did, for exactly the reason you gave.
You can discusses this with a local attorney you trust for the best advice as to whether or not to pay the demand you will likely receive. Likely a few hundred dollars. Understand that the demand is not a fine and you have no legal obligation to pay it. Unless the matter goes to court, you are convicted of a crime, and ordered by the court to pay a fine then you don't have to do anything at all.
Personally, I would not pay and would force court action if they want to go that far. Others will caution you to no risk it, but the more honest your statements about this are the better your defense is. They have to prove that you broke the law and the evidence is likely lacking, even with the document you signed.
As of now you have no obligation to do anything at all. If you receive a summons to appear in court then you must go. You don't have to reply or acknowledge receipt of anything else.
When you receive your demand letter take it to a couple local attorneys and decide what you want to do. In the mean time you might want to write a short journal of events and note the details so you can recall them later if needed.
Again, as you describe it, you did not commit a criminal offense.You are not at their mercy. You have options if you choose to exercise them.

If you weren't specifically told to stay out of the store, or if it was not addressed in the document you signed, then you are not prohibited from returning.

mightymoose said:

As you describe the incident you did not commit a crime.
Theft requires intent...

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You should know that intent can be a tricky thing and I wouldn't be betting on being successful in court fighting that.

The OP was lucky that he wasn't arrested and criminally charged. If I was in his position, I'd be thankful that my error didn't result in something worse, pay the civil demand if it comes to that, and move on with my life after having learned a lesson.

I am a Retail Theft Consultant and answer questions like yours daily.

1. What's going to happen next and will there be a record of this outside of the store? Can it affect me in the future?
Minus Police contact and/or court there is no record outside store or any retail theft database they might subscribe to. If they do this will only impact you if you work retail

2. If I don't believe I should pay the fine, what can I do?
See links below in regards to Civil Demand to help you decide

3. Do I have any chance of taking this to court and proving my innocence?
Possibly but not likely if you pay Civil Demand

4. Would it be wise to go back to the store and try to clear things up with management?
No it would not

A lot of question, I know. Unfortunately, I think I already know the answer to some of these, but I'm just utterly confused and frustrated by this whole situation. I just want to know what my options are (if any) and I want to move past this situation as painlessly as possible.

Civil Recovery

I would be battling this out in court.... seriously..... they put that under carriage part on the cart for you to use. crap happens..... they failed to check it. you failed to check it. facts are simple... you paid for everything in the cart. except the part that was missed by You and the CLERK.

The way I see it is that you KNOW you put that item in the cart and you KNOW that you did not see it go through the checker's line.

KatDini said:

The way I see it is that you KNOW you put that item in the cart and you KNOW that you did not see it go through the checker's line.

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No prosecutor in their right mind would rely on that as evidence of intent to steal. Had the item been covered or somehow slipped by under more suspicious circumstances then there might be something to work with.

If a number of items were purchased and one inadvertently left at the register, do you think that means the cashier intended to keep it and stole it from the customer? Of course not.

Last summer I was at the pet store and purchased a small plastic pool for my dogs. The cashier picked it up and put it on top of my cart for me. When I got to my car to unload my cart I found that there were two plastic pools stuck together. I had only paid for one. I left the store with unpaid merchandise. The cashier had handled the items and failed to discover the two stuck together. Had I committed an act of shoplifting? Should the LP have tried to nail me for it when I brought the extra one back in? Of course not.

Mistakes happen and are not crimes. As presented here in this thread, this is a good example of one of them. People should not feel bullied into paying silly demands over such nonsense but often do because they don't know any better. I think often times the LP don't know any better either.

mightymoose said:

No prosecutor in their right mind would rely on that as evidence of intent to steal.

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Then you are a little on the naive side.

I am a Retail Theft Consultant and answer questions like yours daily. Cases like yours are successfully prosecuted all the time.

DA "Did you place the item under your cart?
Accused "yes I did"
DA "Did you offer the item for payment along with other items?
Accused "No I did not"
DA " Yet you placed it in your cart along with all the other items you did buy?"
Accused "Yes I did"
DA "Could you see item from where you stood?"
Accused "Yes"
DA "So you could see item but did not offer it for payment?"
Accused "Yes I guess I just forgot"
DA "Yet you testify you could see it?"
Accused "Yes"
DA "No further questions"

However you dont currently have a court case and if you dont want one I advise you to pay Civil Demand its state law

Except in this case the OP complains the item was difficult to see and was forgotten. The cashier didn't even see it, even with specially placed mirrors that are likely in place to help see the bottom of the cart.
I bet at least one out of 12 will buy that, which is why must prosecutors aren't going to touch it without more convincing evidence to nail it down. The document signed under duress isn't going to be any help. Every case is different. This seems to be one with a very good defense worth fighting for. Simple mistakes are not crimes.
Without some evidence of an attempt to conceal merchandise this situation will be incredibly hard to prove intent to steal without damaging statements from the suspect.

The civil demand law does not require that any payments be made. It simply allows the store to make the demand. Nothing is required to be paid unless a court orders payment.

If a demand letter is received it should be taken to a trusted local attorney for advice whether to pay or not pay, based on the unique circumstances of each case.

With the info we have here, this case is not likely to ever see a court room. The demand should not be paid of the account given is true.

Highwayman said:

Then you are a little on the naive side.

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I have plenty of experience with prosecutors rejecting cases for lack of sufficient evidence when those involved felt they had it all nailed down. Each prosecutor is different, and statutes vary, but I can say with certainty no prosecutor in my county here in California would move forward with this if what we've been told is true. Lack of evidence- case closed.

shrinkmaster said:

I am a Retail Theft Consultant and answer questions like yours daily. Cases like yours are successfully prosecuted all the time.

DA "Did you place the item under your cart?
Accused "yes I did"
DA "Did you offer the item for payment along with other items?
Accused "No I did not"
DA " Yet you placed it in your cart along with all the other items you did buy?"
Accused "Yes I did"
DA "Could you see item from where you stood?"
Accused "Yes"
DA "So you could see item but did not offer it for payment?"
Accused "Yes I guess I just forgot"
DA "Yet you testify you could see it?"
Accused "Yes"
DA "No further questions"

However you dont currently have a court case and if you dont want one I advise you to pay Civil Demand its state law

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Of course i put it in the cart, down in the bottom area that really isn't easy accesible and can't be seen clearly.

Yes i offered it up for sale as i did with the whole cart. I pushed it up to the cash register.

No, I couldn't see it as the sides of the cart were enclosed.

Again i offered up the entire cart for the cashier to ring it up. I can't tell you how MANY TIMES a cashier has said Oh leave those items i will come over and scan them while they are in your cart.

Lawyer: As you can see.... this was a honest mistake....

I get that, except that I didn't see the item. Their carts not like the ones you would see at Food 4 Less or Costco. They're plastic with tiny holes in them. Plus if they really wanted to see if I would actually steal the item, they would've waited until I got to my car, at which point I would've either put the merchandise in my car or returned and payed for it.

Thank you all for your input on this matter. I've read all of your responses and am considering my options. I have an additional question. If I were to pursue this and battle it out in court, what kind of attorney should I be looking for? Would it cost me anything if I win? What if I lose? And would I possibly be making it worse for myself if I choose to take it to court and lose?

qwerty said:

If I were to pursue this and battle it out in court, what kind of attorney should I be looking for?

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You can't pursue something for which you haven't been charged.
I rarely give guarantees, but if things are as you recite, you will NEVER be charged for this affair.

qwerty said:

Would it cost me anything if I win?

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Yes, your time and the money your attorney would demand.

qwerty said:

What if I lose? And would I possibly be making it worse for myself if I choose to take it to court and lose?

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You can't lose.

You haven't been charged.

Unless you've forgotten some important details, or something new comes to light, you weren't charged, and you won't ever be charged for anything arising out of this sordid, twisted, little, nothing incident.

To clarify, I know that in the current situation this won't go to court. I'm talking about possibly taking them to court over this.