Shoplifting without stealing

What is the name of your state?What is the name of your state? CT

Well I am on Wal-Marts most wanted list...I have been banned from Wal-Marts world wide for a year...If I get caught in one it's considered trespassing...Here's how it all went down...I went to a Conn. Wal-Mart with a kid that lives in my dorm...I got in to get the new Splinter Cell game for xbox...I go in and go to the games and wait for 10 minutes before the lady at the counter quits chit chatting with a friend...I then say can you please unlock that case for me so I can buy that game...So she concurs and I buy the $52 game...So the kid with me says lets go over to the fishing section...Me being a fisher I agree...We go over and he looks at some fishing lures and finds one he really likes and says he is going to buy it...Then I said whoa wait here is a rainbow colored one(the one he was going to buy was all silver)...He was like oh man yea that is better...So we wait at the counter in sports for 10 mins and a guy comes and goes behind the desk and grabs paper towels and leaves without a word...So we stand there another 5 mins and I say hey why don't you bring it up to the front counters to pay for it...So we start to go up there and he just rips the package open and puts the lure in his pocket...I was like dude don't do that...That ain't right...I told him this twice, but he doesn't comply and says look I am taking it and you can't stop that...So I was like w/e and we walk out...Guy comes and tells us both to go to the back and give his lure back...Well to make a long story short...they said I was the main person who has to take the blame b/c I picked the lure up in the beginning and told him that he should just steal it...I told the guy he has to be joking me b/c they don't even have audio on those camera's...So they didn't call the cops but I got the same punishment as the guy who stole the lure and had to sign a no trespassing law that says I can't go back to any wal-mart for a year...However in the Conn. law book it says nothing about a person in my situation...It justs states the person that has the object and steals it goes down...Therefore, I think I got the rough end of the deal...

Welp I got my letter from wal-mart...I signed the no tresspassing notice that said no charges will be filed if I agree to not go into wal-mart until i call and get permission to go back in...So I get the letter today and it says that Wal-mart has fined me for stealing a object in wal-mart without consent by the owner...Therefore, I have to pay a $225 fine and they might not stop there...They also want to press chargers with the police and may take me to court...Can they do this and would I have a case in court???

"Can they do this"
*** Yep.

"and would I have a case in court???"
*** Yep.

Do you think I would win?? I mean I don't really even want money out of the deal I just want all charges dropped and nothing to go further b/c I have a perfect record and this is the first time I have ever got in trouble in my life...But what do you think I should do???

You can present your case (your side) in court if and when it comes to that. You may wish to call around and see what it would cost you to retain an attorney just in case.

I would also use a bit more discretion when making choice of friends.

Haha everyone says that I should use better discretion when choosing friends but he isn't my friend, never was...He just wanted to go for a ride and he lived in my suite plus he had never been to wal-mart before so I was like ok you can go...Believe me I know not to pick friends that steal cheat or lie...

You may want to look up terms such as "guilty by association"

And watch the movie Big Fish.

Well I just got off the phone with them...The woman was very polite but they had no idea what was going on...I had her explain to me how I was being charged and she said that the state legislature has a law where wal-mart can fine me...She said that I was caught in wal-mart on such and such date for shoplifting...I was like so they caught me with the item on me...And she was like yes...I was like funny that i never had it on me...Then she changed her story that you can take the blame for it even if you didn't have it on you...So I was like so ur saying i told him to steal it...And she said well that's it...And i was like you know this b/c the tape has audio...And she was dumbfounded...So I was like I want all reports and the tape and she said she can't send those unless it was taken to court...I was like ok well we'll see where it goes...Then I got into me buying a $52 game and why would I steal a $3 when I just spent that much money in wal-mart...She was like I don't know...So they had no evidence just what the prick that caught me wrote up...He made up some nice stuff on me...So I told her my story and I said there will be no way that I will pay $225 b/c you will see me in court before I pay it...And then she said well ok ok wait...I can take this to the next level and have the case reviewed and you will have to call back in 2 weeks meanwhile your case will be suspended...

HomeGuru said:

And watch the movie Big Fish.

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You think wal-mart will have that movie???

JeepXJ12 said:

Do you think I would win?? I mean I don't really even want money out of the deal I just want all charges dropped and nothing to go further b/c I have a perfect record and this is the first time I have ever got in trouble in my life...But what do you think I should do???

Click to expand...

*** No. The reason.... Wal-Mart has you on tape. And yes, they have the right to demand restitution to recover their 'costs of security, cameras, etc.

And finally, here is the Connecticut statute that allows them to do that:
"CONNECTICUT GENERAL STATUTE § 52-564a
(a) Any person eighteen years of age or older or an emancipated minor who takes possession of goods or merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for the purposes of sale, without the consent of the owner and with the intention of converting such goods, merchandise or produce to his own use without having paid the purchase price thereof, or who alters the price indicia of such goods or merchandise , shall be liable in a civil action to the owner of the goods, merchandise or produce for (1) the actual and reasonable costs of maintaining the action, including court costs and a reasonable attorney¹s fees, (2) the retail value of the goods, merchandise or produce taken, if not recovered by the time of the commencement of the action or if recovered in an unmerchantable condition, and (3) punitive damages in an amount not to exceed three hundred dollars.

(b) A conviction of larceny by shoplifting, as defined in subdivision (9) of section 53a-119 of the general statutes, shall not be a condition precedent to the maintenance of a civil action under this section.

(c) In any action brought pursuant to subsection (a) of this section, if the plaintiff does not prevail, the court may award to the defendant his costs, including a reasonable attorney¹s fee, and damages not to exceed three hundred dollars."

So where am I stated in the law??? That just states the person caught with the object...Yet I wasn't caught with anything...I guess they figure I am the 18 yr olds(legal adult) parent and I should hold his hand through the store and spank him for for stealing and then take punishment for his actions since I am responsible for him like he is a minor...

Who cares???

Pay it or take the risk of legal action.

JeepXJ12 said:

So where am I stated in the law???

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You conspired to commit burglary, shoplift at the least. One of you said, "Let us steal this," and the other said, "Right-on, Dude."

My DH, (who is a Regional Security Manager for a retail chain here in NYC) says that you should take your chances in court. What you did was 'act in concert' and the company (in this case WalMart) had the right to stop you - because you physically touched the merchandise - and like you said - the cameras DON'T have audio, so how do THEY know you DIDN'T say "here take this" - assuming that what you say is true - If you make a big enough stink, and take this to court, you may walk away "winning" - or you may get stuck with not only fines, but court fees and Walmart's legal fees - your BEST witness would be your "friend" - have him testify on your behalf -

Yea exactly my case...The guy that busted the kid with me and I guess me said that I told him to steal it since I handed it to him...Which is ASSumption which we know what that makes him...The guy was a totally prick...He lied and said it was a $5 lure when it was $3 and made me like I was the one that started it all but I had no idea that the kid was going to steal it...I didn't want to get in it with the guy though b/c I didn't want to get the police involved but I guess it would have been the best thing...The kid was telling the guy to let me leave b/c i had nothing to do with it and the guy said no...When he first caught the kid I started walking out towards my car but he said nope...I find it ridiculous and upsurb esp. since the kid hasn't even gotten a letter yet...I feel like wal-mart is trying to accuse me and make lots of money off of it just b/c I am 18 and they think I would be scared since I have a perfect record and not take further action...I am def. not scared but I can't afford paying $225 on a college income...