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ANOTHER *Erroneous* Retail Theft charge in UTAH

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BrandiVanS

Junior Member
UTAH...
Recently I was accused of retail theft/shoplifting in a situation that I had no intention of stealing ANYTHING. Knowing full well just how mucked up our "justice" system is in terms of the truly innocent, I really need some advice on how to minimize the impact of this on myself and my family.
I was shopping for my family and as I had MANY (at least 5-6) times before, I picked up some bags on the way into the store, walking past the registers. I proceeded to shop and bagged my groceries during the process keeping track of the cost of each bag on a list while I proceeded. Having so very many times gone dramatically over budget only to get to the register and be completely embarrassed, I had devised and used this method regularly in order to keep track of how much I was spending and on what. I had tried the calculator thing in the past and always forgot to include items so that wouldn't work for me. In addition, this method kept my "impulse" purchases of snacks and such to one, single bag which was acceptable to me.
I must make it clear that AT NO TIME was I concealing or secretive about anything. I was a wide-open book for everyone to observe.
As I finished shopping and was adding up the bag totals on my cell phone calculator application, I realized that I had still gone over my budget (usually I would track the costs as I went along, inputting the information into my phone but was unable to do so this time because my phone was almost out of charge). This time, it wasn't too big of a deal cost-wise because I did have access to the money in my personal checking/debit account and another that I share with my adult daughter.
As I was finishing adding up the amounts, I had to use the restroom. I parked the cart outside the restroom and went in to take care of business. While doing so, I texted my daughter to tell her I needed to use some of the monies in the shared account for groceries. We determined that one of our debit cards for the account was in my car and I could retrieve and utilize it as necessary.
Finishing my "business," I headed toward the front doors of the store planning to park my cart by the Customer Service desk and run out to my car to get the card. At that moment I remembered that I was going to be needing a bag of ice for the evening. Not wanting to forget it when I paid for everything else, I stopped and used cash to pay the $2 to/with the self-service check out cashier. I took the bag of ice from the freezer and put it on the bottom of my basket and proceeded with my original plan. Seeing that the CS desk was extremely busy & being concerned that someone would walk off/out with the cart full of groceries, I pulled it up and around the first corner so I could watch it while I ran out & in very quickly. Even though the cart/groceries never left the store and I NEVER intended to let them do so unpaid for, pulling my cart to that space was apparently my BIG mistake.
I might add, while I was shopping, the Assistant Manager had come up to me while I was shopping and asked if I needed any help (I am disabled and walk with a limp using a cane). At the time, I mentioned what I was doing (bagging to keep track of cost) and she said nothing negative about it so I proceeded. After that, I observed her speaking to several other employees and thought they were just chuckling over my unorthodox methods.
As I went to park my cart in the entryway of the store, I was approached by that same Assistant Manager and asked about a receipt. Although it may sound quite naive, it didn't immediately occur to me that she was suspecting I had an intention to steal the merchandise. I was thinking about the ice I had just paid for. I pulled that receipt up and showed her. She then asked about the rest of the groceries and whether or not I had a receipt for them. I said I was just parking the cart to run to my car and get the debit card. Because I had already told/shown her what I was doing when she had approached me earlier, I was (stupidly--now I realize) somewhat laughingly searching for my list to show her that I had gone over budget and needed to get the other card etc. I can look back and think how stupid I must have seemed at that point but really, it hadn't yet occurred to me that she was insinuating that I planned to shoplift.
When I couldn't find the list (to this day, I have to assume that I dropped/left it in the restroom immediately prior), I said "I've just got to go out to my car to get the debit card so I can pay for everything." At that time she stated that we had to go "to the back."
The rest of the situation, excepting that I had prescribed narcotics in my purse in an unmarked bag and my husband had to bring my prescription receipts up to prove they were mine, can be assumed... The Assistant Manager was/is determined to make her case regardless of the fact that I had absolutely no intention of stealing ANYTHING. I am 42 years old and can state that I have NEVER in my life stolen anything from a store. In fact, I am the person who upon finding the little item stuck in a crack of the cart while unloading into my car, will hobble back to make sure it's paid for appropriately. I have a charge of RETAIL THEFT Class A misd. that I have to tackle and have no idea where to start. Although I exist with the benefit of Social Security Disability, I do not qualify for a public defender but certainly cannot afford a private attorney either. Knowing that the truth is on my side, I would like to think that I could represent myself. But realizing how naive I was at the beginning of this and the old saying about having a fool for a client, I'm starting to conclude otherwise. Unfortunately, the truth does not always win (thank GOD for DNA in a lot of cases).
If anyone can advise me, I would be most grateful.
I'm feeling "Very Naive in Utah..."
 
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