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Acciental shoplifting misdemeanor

Discussion in 'Civil Court, Procedure & Litigation' started by JmeNae, Jan 1, 2014.

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  1. JmeNae

    JmeNae Law Topic Starter New Member

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    I was accused of shoplifting and it was by mistake, but it looks as if it was not. I have to go to court next week and I don't know what to do never been in trouble before and it was for 2.85 item.
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Accidental Shoplifting
    "Accidental shoplifting" is a phrase or words I see often on forums and in discussions of retail theft issues. There is much argument over this very issue as well as much misunderstanding. It is my intent to shed some light on this issue so the reader (you) can make informed opinions of this.
    What is "accidental shoplifting"? Simply put it is when a person takes or conceals a retailers merchandise without paying for it. The person taking the items has no intent to steal or other wise deprive the retailer from his merchandise and the whole issue is a "mistake". This can happen in a variety of ways too numerous to document here. Suffice it to say the incident was an accident. Hence the phrase "accidental shoplifting". To be accurate this act is an accident and not a deception or lie to avoid legal action. Its simply a case where the shopper forgot, misplaced, concealed or the like the retailers merchandise and did not pay for it without intent to deprive retailer of said merchandise. This does not apply to persons who intended to steal but stated it was an "accident".
    Ok we now understand what "accidental shoplifting" is. Lets now discuss how this can or cannot apply to a persons defense of a retail theft charge. Many will tell you that a successful conviction requires the State to prove intent. These same people will say state cannot do so and thus mislead one into believing they can escape prosecution. Unless this person is a licensed Attorney they should not giving you legal advice nor should you be taking it. I have worked Loss Prevention (Retail Security) for quite some time and I can tell you this defense is seldom successful. In all my years as a Loss Prevention Professional along with my co workers and friends in field we hear this excuse about 90% of the time. Its rarely the truth. Now that being said some are truthful. Sadly if this same people follow the advice of some of the aforementioned they could find themselves dealing with the full consequences of a theft charge. I know your in shock! How can I be convicted of theft without intent? Its simple. The DA will show video (if available) along with Police and Loss Prevention reports. This along with witness statements from all involved parties. The video is not going show any accidental concealment. Its going to show you select item(s) and walk past last point of sale. Only you know your intent. Where the law requires State (not you) to prove your case the DA will almost surely put you in position to prove your lack of intent. That will be near impossible to do. The DA will present you to jury as a thief. He will discredit your version of events. He will ask both Police and LP on stand how many times a shoplifters states the theft was an "accident". It is very unlikely the jury believe your version of events. Its sad that the guilty effect the innocent in this way but its the truth. Ask yourself would you believe such a story? "Accidental shoplifting" happens but in this writers opinion it is not a wise defense.
    Talk to your Attorney and discuss your options including a the aforementioned defense. Follow your Attorneys advice he (no other) is in best position to guide you through the legal process for a result that suits your situation best. This article is not intended to be used as legal advice that comes from a licensed Attorney in your area that you share an Attorney/Client relationship with.
     
  3. Betty3

    Betty3 Super Moderator

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    The bottom line is you need an attorney & talk only to your attorney. If you cannot afford an attorney, ask the court if they *might* appoint one for you.
     
  4. army judge

    army judge Super Moderator

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    Is that anything like an accidental rape or mistaken robbery? That's kinda like what they done tried to pin on me. Dude begged for it. Just saying yo.



    Sent from my iPhone 4S via AT&T using Tapatalk
     
  5. Proserpina

    Proserpina Moderator

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    An observation


    Between Thanksgiving and New Year, there seems to be a huge increase in the number of posts asking about shoplifting, and trying to get rid of your child's other parent.

    Odd.

    :cool:
     
  6. JmeNae

    JmeNae Law Topic Starter New Member

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    thank you but, there is not video showing I did it, and to be honest I understand "accidental shoplifting" is pretty hard to believe. I through it in the buggy, and it was under my purse I never noticed I didn't pay for it. that's kinda what I felt like you were going to tell me to do as far as attorney. what I really want to know is what type of punishments could I get for this. ive alrdy been suspended from my job until this is over, and my whole life has ben turned upside down and I haven't even been on trial yet.

    nd another question we have what is called a busted paper in our area for when people get arrest and go to jail, your shot and what u did is in there. when I was at police station. they told me over AND OVER WHEN PICTURES WERE TAKEN THAT IT WULD NOT BE IN THE BUSTED PAPER. and apparently they lied, anything I can do about that.
     
  7. Betty3

    Betty3 Super Moderator

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    You might want to talk to your attorney about your defense & any possible "punishment" - re the picture in the paper, I doubt there is much (if anything) you can do about that. Again, talk to your attorney.
     
  8. shrinkmaster

    shrinkmaster Well-Known Member

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    You know there is no video how? all the video needs to show is you selecting items and proceeding past last point of sale without paying or a wittiness (LP) saying he/she saw this. You were arrested for shoplifting so the paper was accurate no need for retraction sorry. I talk to people everyday and answer these same questions all the time. Talk to your Attorney about your options ask about ACD or Diversion as possible plea options unless you want to spend the money to defend yourself. Keep in mind if you choose this option to my article above
     
  9. JmeNae

    JmeNae Law Topic Starter New Member

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    no I asked them when they tried to ay I done it, "let me see the tape"? they said we didn't get it on tape then the guy that worked there said "he saw me look for cameras??" which wasa lie, because I never een was looking for anything. im a college student, who has a jopb making 10.00 a hour full time, I don't need to steal anything. I can barely keep my mind from running crazy.
     
  10. Betty3

    Betty3 Super Moderator

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    Whatever the case, talk to your lawyer.
     
  11. b0xer4eva

    b0xer4eva New Member

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    I had a similar experience at (dept. store) years back where it was an accident and they tried to call it shoplifting. Accept mine looked exactly like an accident. I got to the checkout line and realized I left my wallet in the car so I started walking out to get it. I wasnt thinking and unconsciously walked off with merchandise in my hand. I walked passed the cashier, whom of course did not say anything. They had to wait til I got to the door so they could make a case for shoplifting. Just get a lawyer thats what I did and he got it dropped without even going to court. this incident caused me to do some research and there are several post with similiar situations. All discussion boards on this matter are post asset protection law, which requires shoplifters to pay a fine to the store they shoplifted from (big surprise). The cops always just go along with it too, which is rediculous. One thing police need to realize is with money involved, aka the root of all evil, if they take any excuse to pin shoplifting on someone that's just what they're going to get, any excuse that could possibly be manipulated into a shoplifting case. This is what lawyers are for...
     
    Last edited by a moderator: Jul 30, 2014
  12. army judge

    army judge Super Moderator

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    Please, don't revive OLD threads. Thank you.
     

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