shoplifting?

[TAMMY]

What is the name of your state?New Mexico
I am so confused! I was accused of shoplifting, I admit looking back that it looks like it, but I had every intention of paying for the items I collected. I had several bags from other stores, and had laid the items across one of my bags. Yes I removed 2 hangers, one fell off by itself and the other was intangled on a sweather in one of my bags. To free my hands I laid the items across one of my bags, I purchased some items from the automotive depart and was headed back to the the clothing dept to put something back and get something cheaper, because I was on a budget. I did see the security guard and 2 employees standing around, I over heard them and assumed they had a shoplifter in custody. As I was making my way back to the clothing dept. I noticed the 2 employess gathering the other employees in groups. I had no idea they were watching me until a policeman walked up to me and questioned me. I first thought he was going to question me about the shoplifter, but NO he wanted to search my bags. Thats when I looked down at my bags and noticed the items I laid across had worked there way in my bag. I tried to explain, but no one wanted to hear me. The policeman told me to tell it to the judge. I was issued a citation. I contacted an attorney and was informed to plea not guilty but it would cost $ 1300 to represent me. I asked my other options, and was told about no contest and deferred sentence and I could represent myself. this time of year I decided to plea no contest. When I went to court, I gave my plea the judge asked me what I had to say. As I proceeded to tell him that I had every intention to pay for the items, He became angry, informed me he could charge me with a felony for lying. He also stated that people made mistakes and now was the time to lay my cards on the table and tell the truth. I did not know what to do? I was telling the truth, so I started over. He then grabed up the paper work with my plea on it informed me he was going to change it to not guilty and assign me a public defender. The Attorney did not inform me of a public defender. But now that I made the judge mad, what chance do I have now of claiming my innocents? How is it the judge can accuse me of lying? Will I get a harsher punishment now? Should I have just plead guilty? What happened to innocent until proven guilty?

 

[Just Blue]

What is the name of your state?New Mexico
I am so confused! I was accused of shoplifting, I admit looking back that it looks like it, but I had every intention of paying for the items I collected. I had several bags from other stores, and had laid the items across one of my bags. Yes I removed 2 hangers, one fell off by itself and the other was intangled on a sweather in one of my bags. To free my hands I laid the items across one of my bags, I purchased some items from the automotive depart and was headed back to the the clothing dept to put something back and get something cheaper, because I was on a budget. I did see the security guard and 2 employees standing around, I over heard them and assumed they had a shoplifter in custody. As I was making my way back to the clothing dept. I noticed the 2 employess gathering the other employees in groups. I had no idea they were watching me until a policeman walked up to me and questioned me. I first thought he was going to question me about the shoplifter, but NO he wanted to search my bags. Thats when I looked down at my bags and noticed the items I laid across had worked there way in my bag. I tried to explain, but no one wanted to hear me. The policeman told me to tell it to the judge. I was issued a citation. I contacted an attorney and was informed to plea not guilty but it would cost $ 1300 to represent me. I asked my other options, and was told about no contest and deferred sentence and I could represent myself. this time of year I decided to plea no contest. When I went to court, I gave my plea the judge asked me what I had to say. As I proceeded to tell him that I had every intention to pay for the items, He became angry, informed me he could charge me with a felony for lying. He also stated that people made mistakes and now was the time to lay my cards on the table and tell the truth. I did not know what to do? I was telling the truth, so I started over. He then grabed up the paper work with my plea on it informed me he was going to change it to not guilty and assign me a public defender. The Attorney did not inform me of a public defender. But now that I made the judge mad, what chance do I have now of claiming my innocents? How is it the judge can accuse me of lying? Will I get a harsher punishment now? Should I have just plead guilty? What happened to innocent until proven guilty?

When you plead "no contest" it means that you are not contesting the charge...
If you then tell the Judge that you were going to pay for the items and that you had no intention of taking them....Well, you are saying that you are innocent...so why would you plee no contest?

"What happened to innocent until proven guilty?"....Make up your mind honey! YOU PLEAD NO CONTEST! THAT IS LIKE SAYING I'M GUILTY!

 

[Happy Trails]

What is the name of your state?New Mexico
I am so confused! I was accused of shoplifting, I admit looking back that it looks like it, but I had every intention of paying for the items I collected. I had several bags from other stores, and had laid the items across one of my bags. Yes I removed 2 hangers, one fell off by itself and the other was intangled on a sweather in one of my bags. To free my hands I laid the items across one of my bags, I purchased some items from the automotive depart and was headed back to the the clothing dept to put something back and get something cheaper, because I was on a budget. I did see the security guard and 2 employees standing around, I over heard them and assumed they had a shoplifter in custody. As I was making my way back to the clothing dept. I noticed the 2 employess gathering the other employees in groups. I had no idea they were watching me until a policeman walked up to me and questioned me. I first thought he was going to question me about the shoplifter, but NO he wanted to search my bags. Thats when I looked down at my bags and noticed the items I laid across had worked there way in my bag. I tried to explain, but no one wanted to hear me. The policeman told me to tell it to the judge. I was issued a citation. I contacted an attorney and was informed to plea not guilty but it would cost $ 1300 to represent me. I asked my other options, and was told about no contest and deferred sentence and I could represent myself. this time of year I decided to plea no contest. When I went to court, I gave my plea the judge asked me what I had to say. As I proceeded to tell him that I had every intention to pay for the items, He became angry, informed me he could charge me with a felony for lying. He also stated that people made mistakes and now was the time to lay my cards on the table and tell the truth. I did not know what to do? I was telling the truth, so I started over. He then grabed up the paper work with my plea on it informed me he was going to change it to not guilty and assign me a public defender. The Attorney did not inform me of a public defender. But now that I made the judge mad, what chance do I have now of claiming my innocents? How is it the judge can accuse me of lying? Will I get a harsher punishment now? Should I have just plead guilty? What happened to innocent until proven guilty?

If convicted, you could get a harsher sentence than a deferred sentence. Who knows?

It does look bad, although I know mistakes do happen, how do you not notice two items falling into your bag?

It appears you will get to try and tell your side again, but next time with an attorney present.


From New Mexico statutes:
30-16-20. Crime of shoplifting created.

A. Shoplifting consists of any one or more of the following acts:

(1) willfully taking possession of any merchandise with the intention of converting it without paying for it;

(2) willfully concealing any merchandise with the intention of converting it without paying for it;

(3) willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or

(4) willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.

B. Whoever commits shoplifting when the value of the merchandise shoplifted:

(1) is one hundred dollars ($100) or less is guilty of a petty misdemeanor;

(2) is more than one hundred dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of a misdemeanor;

(3) is more than two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony;

(4) is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony; or

(5) is more than twenty thousand dollars ($20,000) is guilty of a second degree felony.

C. Any individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction.

---------------------

30-16-21. Civil liability of adult shoplifter; penalty.

Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978, may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of the suit and reasonable attorney's fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise.

 

[Shay-Pari'e]

LMAO! This would have made IAAL's list.(QUOTE)Thats when I looked down at my bags and noticed the items I laid across had worked there way in my bag. (QUOTE)

And the hanger's fell off as the items worked their way into the bag. I can't believe she thought anyone would buy this story.

 

[HomeGuru]

LMAO! This would have made IAAL's list.(QUOTE)Thats when I looked down at my bags and noticed the items I laid across had worked there way in my bag. (QUOTE)

And the hanger's fell off as the items worked their way into the bag. I can't believe she thought anyone would buy this story.

**A: it was the earthquake that caused the items to shift downwards into the bag.....

 

[BelizeBreeze]

**A: it was the earthquake that caused the items to shift downwards into the bag.....

As in middrift bulge?

 

[abaga]

What is the name of your state?New Mexico
I am so confused! I was accused of shoplifting, I admit looking back that it looks like it, but I had every intention of paying for the items I collected. I had several bags from other stores, and had laid the items across one of my bags. Yes I removed 2 hangers, one fell off by itself and the other was intangled on a sweather in one of my bags. To free my hands I laid the items across one of my bags, I purchased some items from the automotive depart and was headed back to the the clothing dept to put something back and get something cheaper, because I was on a budget. I did see the security guard and 2 employees standing around, I over heard them and assumed they had a shoplifter in custody. As I was making my way back to the clothing dept. I noticed the 2 employess gathering the other employees in groups. I had no idea they were watching me until a policeman walked up to me and questioned me. I first thought he was going to question me about the shoplifter, but NO he wanted to search my bags. Thats when I looked down at my bags and noticed the items I laid across had worked there way in my bag. I tried to explain, but no one wanted to hear me. The policeman told me to tell it to the judge. I was issued a citation. I contacted an attorney and was informed to plea not guilty but it would cost $ 1300 to represent me. I asked my other options, and was told about no contest and deferred sentence and I could represent myself. this time of year I decided to plea no contest. When I went to court, I gave my plea the judge asked me what I had to say. As I proceeded to tell him that I had every intention to pay for the items, He became angry, informed me he could charge me with a felony for lying. He also stated that people made mistakes and now was the time to lay my cards on the table and tell the truth. I did not know what to do? I was telling the truth, so I started over. He then grabed up the paper work with my plea on it informed me he was going to change it to not guilty and assign me a public defender. The Attorney did not inform me of a public defender. But now that I made the judge mad, what chance do I have now of claiming my innocents? How is it the judge can accuse me of lying? Will I get a harsher punishment now? Should I have just plead guilty? What happened to innocent until proven guilty?

How does an inadimate (sp?) object makes its own way in to a bag??? Last I checked, the only way clothing moves is if a person or a huge gust of wind moves it...it doesn't move on it's own.

If I wasn't guilty of something I certainly would NOT plead "no contest." I'm not an attorney, but I do know pleading no contest is saying you aren't contesting the charges, but that is pretty much it.

 

[Zephyr]

just asking here... but if they apprehended her before she left the store, how can they prove she did not intend to pay for it?

when I was in retail we were always told if we see something suspicious alert security, they would then follow the person, when the person walked out the door (usually with a security guard waiting outside) they would then be apprehended- because their INTENT had been proven

I don't buy her story either, but the statute quoted above does specify intent

 

[TAMMY]

shoplifting

I was bargin shopping, to look thru the store merchandize I needed both hands, there was not one employee to be found in the clothing department. The bag had handles on it. I never thought about shoplifting so it never entered in my mind. As for the hangers there were two. One got caught on other clothing on racks and fell off, I was carrying it, the other got caught on a sweather in one of my bags so I removed it and hung them back up. I did not need the hangers.Every time I put the bags down and picked them up I guess caused the earthquake,
I have never been in a criminal court so what I understood was no contest ment you weren't guilty either. It seemed to be the cheapest way out. When I would have paid for the items I would have dug them out of my bag. How is that illegal? I am in my mid forties and have two children. I saved all year for the big shopping day, and now faced with going to court, and a criminal record. What I had on my mind was getting the best and cheapest so my children would have a christmas I am guilty of being thirfty when it comes to money, of not knowing what was going on around me and not having the skills of the loss prevention officer ie.. stereo typing customers, but for shoplifting I am innocent

 

[Shay-Pari'e]

I was bargin shopping, to look thru the store merchandize I needed both hands, there was not one employee to be found in the clothing department. Funny, you noticed the sucurity people in that department.

The bag had handles on it. And the handles grabbed your two clothing items, attached with hangers?

I never thought about shoplifting so it never entered in my mind. As for the hangers there were two. One got caught on other clothing on racks and fell off, I was carrying it, the other got caught on a sweather in one of my bags so I removed it and hung them back up. I did not need the hangers.Every time I put the bags down and picked them up I guess caused the earthquake,
I have never been in a criminal court so what I understood was no contest ment you weren't guilty either. You understood wrong, and why are you picking up your bags from another store, and then putting them down?

It seemed to be the cheapest way out. I thought you just said you did not understand the plea.

When I would have paid for the items I would have dug them out of my bag.

To late for that now.

How is that illegal? I am in my mid forties and have two children. Then you should know that what you did was illegal.


I saved all year for the big shopping day, and now faced with going to court, and a criminal record. What I had on my mind was getting the best and cheapest so my children would have a christmas I am guilty of being thirfty when it comes to money, of not knowing what was going on around me and not having the skills of the loss prevention officer ie.. stereo typing customers, but for shoplifting I am innocent

Goodwill stores have security?

 

[TAMMY]

In reply, I was at the mall. There are several different stores with serveral different bags. The security was not in that department as I noted in my original note. Thank you all for judging and reasurring me. I must be the stupidest person that walks the earth. This stupid person spent more than 300.00 that day and decided to walk in to another store and steal. Thank you for your advice and not only am I stupid (according to the replys) I am a theif and lier as well. Since you all were so fast to come to that conclusion, I wonder what punishment you all would hand down to a stupid lying theif. Take me in the back yard and shoot me? This stupid person would follow with her head held high, knowing that God is the true judge and I will not be afraid.

 

[Just Blue]

This stupid person would follow with her head held high, knowing that God is the true judge and I will not be afraid.

Well....He will not be THE judge the presides over your shoplifting case.....so you may want to get a better story...

 

[Happy Trails]

In reply, I was at the mall. There are several different stores with serveral different bags. The security was not in that department as I noted in my original note. Thank you all for judging and reasurring me. I must be the stupidest person that walks the earth. This stupid person spent more than 300.00 that day and decided to walk in to another store and steal. Thank you for your advice and not only am I stupid (according to the replys) I am a theif and lier as well. Since you all were so fast to come to that conclusion, I wonder what punishment you all would hand down to a stupid lying theif. Take me in the back yard and shoot me? This stupid person would follow with her head held high, knowing that God is the true judge and I will not be afraid.

Well, I certainly wasn't judging you, and I'm sorry I could not give you the reassurance you were looking for. It simply looks bad.

When I go into a store with bags from another store, I immediately go to the service counter and ask them to staple my bags. I certainly would not shoplift and don't want to appear as though my bags could be used to put something into. You can bet carrying other bags into the store, that security will be keeping an eye on you.

 

[BelizeBreeze]

In reply, I was at the mall. There are several different stores with serveral different bags. The security was not in that department as I noted in my original note. Thank you all for judging and reasurring me. I must be the stupidest person that walks the earth. This stupid person spent more than 300.00 that day and decided to walk in to another store and steal. Thank you for your advice and not only am I stupid (according to the replys) I am a theif and lier as well. Since you all were so fast to come to that conclusion, I wonder what punishment you all would hand down to a stupid lying theif. Take me in the back yard and shoot me? This stupid person would follow with her head held high, knowing that God is the true judge and I will not be afraid.

None of your diatribe matters. People shoplift with $1,000s in their pocket....(remember wynona?)

You have done nothing here to present a defense except offer excuses. Unless you have FACTS that support another scenario, then you have no counterclaim.

 

[outonbail]

Tammy, you shouldn't take the advise and comments as a personal judgment, you should see that it is how any prudent person will receive your story. Your not going to convince anyone that these garments simply levitated themselves into your bags, especially bags from another merchant.

This stupid person spent more than 300.00 that day and decided to walk in to another store and steal.

What you spent prior to the unfortunate behavior of the items that began clinging to you doesn't matter.
It can make a difference if you still had money in your purse when you were stopped by security, as not having any money then could have your actions seen as a pre-meditated. No one goes into a store to buy merchandise with no money on them. So, did the security check to see if you were financially able to pay for the goods when you simply forgot to do so? If not, that doesn't add any credibility to your already unbelievable rendition of what occurred.