Charged w/ theft of prop--Security tag was stuck to bottom of shoe

[NoLuckAtAll]

What is the name of your state? Alabama

This is crazy, I almost didn't believe it myself!!

A little while ago, my husband purchased a hammock from a Wal-Mart Wannabe store. Long story trying to make short, we decided to take it back...no reason, just didn't need it.

Hubby goes into the store to take it back, didn't have a receipt, so the cashier, & MGR are going to make him exchange it for merchandise instead of a refund....ok no prob....they have him fill out a form, pick out $17 worth of merchandise, they need his ID, he shows them, & the MGR tells him that he cant exchange b/c his drivers liscense was expired. He didn't know that it was until then...expiration just slipped up on him....which does not mean he is not still the same person the DL shows he was before it expired...hence its still an ID!!!

So...hubby comes out w/ the hammock & tells me about the expired DL thing & I check mine & take it back in. From the moment I walked in, they were very rude to me...Anyways, I finally get to fill out the form, & asked if that was all to fill out...cashier asks MGR..all he says is an amount..17 something, I asked where I need to write that, and he says, "NO, you need to pick out that amount in merchandise to exchange". "OK" I said, and go pick it out.

When I get back to the front, MGR was standing to the side w/ Hubby & says that they say he was trying to steal from them.."WTH?"I thought. They said he was trying to take 2 boxs of Sudafed caplets....I was like but your not sick.......Hubby was like, but I didn't do it....meantime, they call police, take him to the back of the store, ect....and I took the $17 worth of merchandise to check out.......the cashier looks at me & says "we can't exchange your hammock"..."Why" I said...she just looked at the MGR and he says "we just can't, not without a receipt, I you want to take your hammock & leave my store".

I was already mad and confused....I said "Why the hell did you personally tell me to pick out $17 worth of merchandise to exchange for it then"...."I did't" he said....I asked the cashier(who was standing beside him the whole time "Ma'am, did he not tell me that?" she just looked away and said "No, I did"....anyways they would not exchange it after all of the BS they put both me & Hubby through, or give me any reason they wouldnt after telling me to pick out the merchandise (after all, I had a valid DL), & was having Hubby arrested for something he didn't do & said they had him on tape. I threw a civilized fit with them....after all of that BS and the MGR was calling me a liar (in front of other customers)& just walked off from me. I call it a civilized fit...well to me it was...I wanted to do/say worse, and many ppl would have.

Anyways that was that stores MGR & employees....the policeman on the other hand was very nice to us. He had Hubby cuffed & walked him outside (where by this time, I am waiting w/ my hammock) & let me empty his pockets & take all of his belongings w/ me...wrote down the # for me to call to find out bail, etc. Meantime, while I am getting up the $$ to make bail, and waiting on my father to come home from work that day to sign for him(being the only property owner I know).....Hubby calls me from jail, and tells me that he just now figured out what may have happened. While he was standing in jail waiting, he started to tap his foot, and felt something not so right...looked & guess what was stuck to the bottom of his shoe.......the damn security thing...those magnetic little white strips.....I started thinking and remember that they did have alot of box's of stuff needing to be put on the shelf in a few of the isle's and those little white magnetic strips were all over the floor.

The supposed "reason" they detained him in the 1st place was b/c he set off the security alarm when he walked out of the store. When I went in w/ the hammock, he went w/ me & started picking out stuff to exchange, knowing thats what they would tell me....anyways he gave me the stuff he had & was going to wait outside for me....since I was the one who could exchange with a valid DL....& thats when he set off the security alarm.

He plead Not Guilty, and he goes back on July 17th....now I have been reading alot of the internet about laws, evidence, etc. but am still shocked and all, but the day he goes back to court won't be his "trial" will it? The reason I ask is this yellow COURT DATE form they gave him...it has his case #, charge, and court date on it, but out to the side, they wrote Trial in. I maybe wrong, but today was the 1st day in court...to tell them what he's pleading, but will the next time really be his Trial? I thought that they would listen to his evidence, offer him a plea arrangement....something B4 trial.

I have seen it too many times on here already, so save it.....We can not hire a lawyer, we can not afford one at all......and I know that a court appointed one could give a crap less about us.....Should he continue w/ Not guilty or change his plea? I know if they go to an actual trial...they will really stick it to him....
Can someone please advise, sympathize, or something? We are lost. Thanks in advance!!!!!!!!!!!!!
Oh yeah....1 more thing.....the "they said they had him on tape" thing.....he asked to see it, and they would not show it to him. He even said "if you are accusing me of this, then I have the right to see it" in front of the arresting officer....officer said that he did, but he may not see it until his trial.....Is that so? If they are charging him w/ theft of prop in the 3rd degree, don't they have to show it to him B4 trial?

 

[Son of Slam]

To see the tape he must say two things. He wants to defend himself. He wants discovery.

You could hire a lawyer and have him show you the tape.

But remember you said, "They said he was trying to take 2 boxs of Sudafed caplets....I was like but your not sick..."

 

[NoLuckAtAll]

Ok, thanks....I guess. We are still lost on this whole situation. We can't afford a lawyer to show us the tape. Are you saying that he should go to the store and say that he wants to defend himself and that he wants discovery?

 

[Son of Slam]

Ok, thanks....I guess. We are still lost on this whole situation. We can't afford a lawyer to show us the tape. Are you saying that he should go to the store and say that he wants to defend himself and that he wants discovery?

Go to the DA's office. He will probably get you court date to tell a judge that you want to defend yourself. After the judge allows you to defend yourself the DA will give you a copy of the tape (maybe). If he dose not let you see the tape he cannot use it for evidence.

 

[NoLuckAtAll]

Thanks, that makes it all a little clearer now. Thanks for the advice.

 

[robking]

You Wrote :

They said he was trying to take 2 boxs of Sudafed caplets....I was like but your not sick.......Hubby was like, but I didn't do it....meantime, they call police, take him to the back of the store, ect....and I took the $17 worth of merchandise to check out.......the cashier looks at me & says "we can't exchange your hammock"..."Why" I said...she just looked at the MGR and he says "we just can't, not without a receipt, I you want to take your hammock & leave my store".


Where were the 2 Boxes of Sudafed caplets ??? I'm I missing something ? Are you missing something ? ?
Did your husband steal them, and only get caught cause of the alarm sticker on the bottom of his shoe ?? It sounds like he may have stole them and just making an excuse to you, so he doesn't look stupid. ? Those Boxes of Sudafed caplets should have had alarm stickers on them, did they? Did your husband tear the stickers off of the boxes and then step on them? And Isn't it "Sudafed" that people steal, crush all up and snort up their nose to get high? I believe it IS. If so, the judge will know this, and it will not help your husband at all. It would be better if the item was like Peperation H.

Alot of times when retail people stop shoplifters, they say "We got it ALL ON TAPE", when the truth is they have nothing on tape. They may say this to make you think you can NOT fight this in court, and to make you plead quilty. It's really not smart tho, if they really have it on tape they should never even mention cameras or tapes to shoplifters, as then not only their word is in question but what the tape shows is then in question to. They do not have to show you, the police, or anyone the tape, unless the store employee turns in a tape as evidence or part of the evidence to the DA. Even tho, they told you they had it on tape, they still may not even turn in a tape. And it's really not an issue, if they said there was a tape and there is really not, it's not going to help you at all. It doesn't even make them look bad. If they have an employee that saw with their own eyes, your husband take the items, and then stopped him, even near the front doors with the items, then they have a very good case against you.

Stores track shoplifters with drivers license numbers in their registers. The have rules when returning things from "customers", like having a Valid License. Some shoplifters may use old drivers license with different ID numbers on them to do returns after there current license has been identified as a problem refunder in their registers. There for they don't except out date I.D.'s. They may use even this for part of the evidence against your husband, that he tried to use an old ID, plus they may have tracked other returns on his current or other ID's (if that was the case).

Then even tho you had a good ID, and they said that they would do the return for YOU at first, after your husband being arrested and they were pressing charges against him, they NO Longer have to do any bussiness with him, or the Item that He was at first trying to return. In there mind, he is no longer a customer, but a "shoplifter" and you were only doing the return for a shoplifter of theirs. So, they were correct in saying no to you.

About going back to the store: I think if your husband goes near the store he can be arrested again just for being there. And if you go back, it might just cause more trouble for yourself. No one in the store will talk to you or help you fight a case against the store.

Your husband's attorney, or if he's going to do it on his own, need to get the evidence against him. Chances are it will just be a "supporting depostion" a statement from a store employee stating what they saw your husband do. And take it from there.


Things Not Good:

Returns with no receipt.
Out Dated Driver License.
Having someone else do the return.
Alarms going off as you leave the store.
Alarm stickers stuck to the bottom of your shoes.
2 Boxes of Sudafed caplets in your coat or down your pants.
Having 2 boxes of things that can be used to get High.
Causing a Scene at the front of the store.
Not having an Attorney.
And last but not Least; Not being truthful to your Loving Wife.

 

[robking]

"from a Wal-Mart Wannabe store"

Are you a Wal-Mart Employee?

I never heard that before "Wal-Mart Wannabe". hehehe