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what should store owners rights against shoplifters in GA

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store owner

Junior Member
What is the name of your state (only U.S. law)? Georgia.
I have a retail store. Two girls (now I know are minors) one girl puts items in her purse (about $65) while the other girl is the look out. This is all captured on video. As the girls leave the store they are confronted and they leave the purse behind as they yell run. Police was called and police report has been filed. I have not yet to get a warrant for shoplifting yet. My question is I have wall of shame of all the shoplifters on video, can I post there picture for minors and others if I have evidence on video. I have signs posted around the store that shoplifters will be prosecuted with picture of camera. The wall of shame has cut down shoplifters. What are my rights as a retail owner? I was told by the police that I need to take a copy of police report and take it magistrate court to put out a warrant for shoplifting. Can I post photos of shoplifters long as I have video evidence?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
You don't get a warrant period. It's up to the police and the state to prosecute.
If you have their identities, you can make a demand for civil restitution and sue them if they (or their parents) do not pay.

Other than that that's all the "rights" you get.
 

justalayman

Senior Member
If they have not been convicted, do not post any pictures where they can be identified with you claiming they are shoplifters.

Until they are convicted, they are alleged shoplifters.
 

store owner

Junior Member
This what the GA Law says about shoplifting:
(a) A person commits the offense of theft by shoplifting when he alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;

(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;

(4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or

(5) Wrongfully causes the amount paid to be less than the merchant´s stated price for the merchandise.

(b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that:

(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated;

(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and

(C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.

(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(c) In all cases involving theft by shoplifting, the term 'value' means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property.

(d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.

They(girls) have concealed the merchandise and left the purse but ran out of the store. By the way inside the purse was name and address of one of the girls.It was probation paper of one of the girls. Police took the purse back to the girl. Police visited them at their home and talk to them regarding the incident. Police did nothing to arrest them. Police officer advised me to get a copy of the police report and get a warrant out on the girls for shoplifting. I am really confused about how to go about getting some justice. I am not sure why I can’t post photos if I have video evidence.
 

Zigner

Senior Member, Non-Attorney
Because you open yourself up to a defamation lawsuit if they eventually work out a deal to plea to something different.
 

justalayman

Senior Member
I am not sure why I can’t post photos if I have video evidence.
go ahead and post all you want. Until a court rules on their guilt, they are allegedly shoplifters. You know, that old, innocent until proven guilty in a court of law thing?
 

ERAUPIKE

Senior Member
go ahead and post all you want. Until a court rules on their guilt, they are allegedly shoplifters. You know, that old, innocent until proven guilty in a court of law thing?
Presumed innocent, until proven guilty. The presumption of innocence, an ancient tenet of CRIMINAL LAW, is actually a misnomer. According to the U.S. Supreme Court, the presumption of the innocence of a criminal defendant is best described as an assumption of innocence that is indulged in the absence of contrary evidence (Taylor v. Kentucky, 436 U.S. 478, 98 S. Ct. 1930, 56 L. Ed. 2d 468 [1978]). It is not considered evidence of the defendant's innocence, and it does not require that a mandatory inference favorable to the defendant be drawn from any facts in evidence.

Aside from the related requirement of proof beyond a reasonable doubt, the presumption of innocence is largely symbolic. The reality is that no defendant would face trial unless somebody—the crime victim, the prosecutor, a police officer—believed that the defendant was guilty of a crime. After the government has presented enough evidence to constitute PROBABLE CAUSE to believe that the defendant has committed a crime, the accused need not be treated as if he or she was innocent of a crime, and the defendant may be jailed with the approval of the court.

There was a gas station in Daytona Beach that had a Wall of Shame as well. i thought it was hilarious. If you trespass the girls then how will they ever know their pictures are on your "wall of shame?" They would be forced to break the law in order to see if you did post their pictures on your wall.
 

justalayman

Senior Member
If you trespass the girls then how will they ever know their pictures are on your "wall of shame?" They would be forced to break the law in order to see if you did post their pictures on your wall.
maybe their friends will see the pictures and tell them?

Not saying the OP will get sued but personally, I wouldn't risk it.
 

cyjeff

Senior Member
Or you could do a legal thing....

Post pictures next to the cash register with the words "Not allowed in the store".

You have the right, as the property owner or lessee, to allow or disallow anyone you choose in your store.

Don't post a reason... and those children are actually barred from your store, right?
 

store owner

Junior Member
Thanks everyone for the input. Shoplifting has been in the up and up due to the sad economy. I t makes me angry when things happen on a daily and there isn’t much I can do. I have 16 surveillance cameras and sensors and people still by pass it. It's more like they don't care if they get cought. It's kind of sad. Thanks again.
 
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