Walmart Shoplifting Innocent

What is the name of your state? Pennsylvania

This happend to a friend today. She was in Walmart. She tried on a necklace worth $10. Then her friend who works there approached her and they conversed for about 15 min. She forgot about the necklace which was still around her neck. After paying for her other items worth $100 and still forgetting about the necklace, she walked out of walmart and was detained by loss prevention. She apologized for forgetting about the item, returned the necklace and told her story in the loss prevention office.

Now she was embarrassed and disturbed, which is understandable as Loss Prevention probably deals with tons of actual shoplifters daily, and they treated her just like a common criminal.

Now all they asked of her was for the item back, her driver's license number (they didn't make a copy, just wrote the number down), address and phone number. They had her initial, not sign, that her personal information was correct. They also gave her a copy of Pennsylvania's Statute 8308 on "Damages in actions on retail theft".

She was let go, no police, just her initials for her personal information, a copy of those statutes, and Loss prevention verbally telling her walmart may send a fine in the mail within 2 weeks and that if she was "caught" again she would be banned from walmart.

This is very disturbing to her as the process she endured for an innocent mistake has left her ready to puke and cry. She's even prepared to pay whatever fine walmart wants, she's just not a fighting type of person.

My questions:
1. Does she have to pay any fines that they said walmart may send?
2. Can they file criminal charges?

Murphy's Laws said:

My questions:
1. Does she have to pay any fines that they said walmart may send?
2. Can they file criminal charges?

Click to expand...

1 - No, but she can be sued in Civil Court.

2 - No, but she can be sued in Civil Court and Walmart CAN file a police report regarding the incident.

Murphy's Laws said:

What is the name of your state? Pennsylvania

This happend to a friend today. She was in Walmart. She tried on a necklace worth $10. Then her friend who works there approached her and they conversed for about 15 min. She forgot about the necklace which was still around her neck. After paying for her other items worth $100 and still forgetting about the necklace, she walked out of walmart and was detained by loss prevention. She apologized for forgetting about the item, returned the necklace and told her story in the loss prevention office.

Now she was embarrassed and disturbed, which is understandable as Loss Prevention probably deals with tons of actual shoplifters daily, and they treated her just like a common criminal.

Now all they asked of her was for the item back, her driver's license number (they didn't make a copy, just wrote the number down), address and phone number. They had her initial, not sign, that her personal information was correct. They also gave her a copy of Pennsylvania's Statute 8308 on "Damages in actions on retail theft".

She was let go, no police, just her initials for her personal information, a copy of those statutes, and Loss prevention verbally telling her walmart may send a fine in the mail within 2 weeks and that if she was "caught" again she would be banned from walmart.

This is very disturbing to her as the process she endured for an innocent mistake has left her ready to puke and cry. She's even prepared to pay whatever fine walmart wants, she's just not a fighting type of person.

My questions:
1. Does she have to pay any fines that they said walmart may send?
2. Can they file criminal charges?

Click to expand...

fyi-- do u know what a kleptomaniac is? Farrah Fawcett (yes, Charlie's best Angel ) was caught stealing something just as trivial and you just KNOW she had the money for it..
juest food for thought-
rachel

She can either pay the amount asked of her, which is perfectly legal under the civil recovery statutes of your state, or take her chances in court when they either sue her for recovery or turn in a report to the police and the city attorney files charges.

The civil recovery statute does require that they prove the theft in court. If she can prove it was an honest mistake, they can't recover anything. Criminal theft also involves an intent to steal -- something that, at least according to you, your friend didn't have.

That said, walking out of the store with the goods in question does make it tough on her. But, there is probably a video of the incident that helps her cause. She may want to make a written request for the video (or for them to preserve the video), to the Wal-Mart store, asking them to preserve the video tape, as she believes it is evidence in her favor.

That said, the "facts" don't especially help her.

badapple40 said:

The civil recovery statute does require that they prove the theft in court. If she can prove it was an honest mistake, they can't recover anything. Criminal theft also involves an intent to steal -- something that, at least according to you, your friend didn't have.

That said, walking out of the store with the goods in question does make it tough on her. But, there is probably a video of the incident that helps her cause. She may want to make a written request for the video (or for them to preserve the video), to the Wal-Mart store, asking them to preserve the video tape, as she believes it is evidence in her favor.

That said, the "facts" don't especially help her.

Click to expand...

are you turning into a pushover BA????

Not at all!! I'm just trying to be fair and balanced -- its good practice. Not to tip my hand or reveal my identity, but I've had interviews with both the senators in my state. I'm on a "short list" for a Sixth Circuit vacancy. Scary, huh? If I get the nomination, I probably need to stop giving legal advice.

rachel4 said:

fyi-- do u know what a kleptomaniac is? Farrah Fawcett (yes, Charlie's best Angel ) was caught stealing something just as trivial and you just KNOW she had the money for it..
juest food for thought-
rachel

Click to expand...

Thanks Rachel, knew I was posting on the legal forums as opposed to the medical forums for a reason, or are you suggesting Kleptomania is her defense? . That story about Farrah is interesting, heard about Winona but not Fawcett.

Forgetting to remove the necklace which resulted from her distraction while talking to a friend, and which lead her towards a one time stint at "Kleptomania" would also indicate she has Alzheimer's .

Not that it matters, where I indicated a "friend", I'm actually discussing my girlfriends situation, and we both live together. Since I live with her and know a bit about her, and since we are discussing compulsions, I would say this though, she does have an obsession to which many women are afflicted, the need to "Shop till she drops".

Seriously, on her compulsions, I would say instead, she's just another squirrel trying to get a nut

badapple40 said:

Not at all!! I'm just trying to be fair and balanced -- its good practice. Not to tip my hand or reveal my identity, but I've had interviews with both the senators in my state. I'm on a "short list" for a Sixth Circuit vacancy. Scary, huh? If I get the nomination, I probably need to stop giving legal advice.

Click to expand...

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050512/NEWS01/505120396/1056

Try to write your opinions in clear English. It drives lawyers nuts (good thing) when laymen can understand legal decisions on first reading.

I had a run in with Wal-Mart on the 12th of April 2006 in Bryan, Texas. I was going to buy a generator yesterday. When I first went into the store I went to my bank that is located in the store and made my deposit to cover the purchase of the unit which was a little over 300.00 dollars. I then went to the pharmacy to pickup one of my medications that was filled a few days earlier (MS Contan or Morphine) Since it had been a few days since I had taken any of the medication I took one when I got the prescription. I then went over to were they have the generators and picked out the last one they had that I wanted, all the others were low wattage. My wife and son were doing their own thing and was not supposed to met them for approx another 10-20 mins so I went to the lawn & garden department and was going to look at the mowers and weed-eaters. Of course they were always kept just outside the gated area by the parking lot. So I went to go out the gate like I have done many other times and the lady stopped me and asked for my receipt. I told her that I had not paid for the item yet and was just looking for the mowers. I was told that they were moved inside and she also said she told me not to go outside the store until I paid for it. By this time the medication I took was in full swing. I do not remember her saying this but in my condition I am not going to call her a lier now. But I went in and looked at their limeted selection of push mowers and weed-eaters, wanted to look at riding but o-well. So I looked for 5-10 mins I guess and noticed it was time to met my wife in the area we had agreed on, when I got their she was not there. So I went ahead and went up to the cash registers and walked threw the checkout area looking and did not see her so I figured she had already went to the car so I started toward the middle door of the Super Wal-Mart. When I got to the door the alarm went off on someother person and the two people in front of me stopped and waited. The lady was taking her time so the two in front of me went ahead threw the door so I followed stopping breifly by the lady still searching the other persons bags so I did not disturb her and figured I would be just outside the door not 7 to 10 feet from the exit were I could see the car and down both ways along the front side of the store. I stopped approx 3 to 5 feet fromt the red curb before the parking lot still on the side walk and started looking for them. Before I could turn around I was approched again by two security men asking me for a receipt. I told them I had not paid for it yet and was looking for my son and wife. They told me to come back inside that I was not to leave the store and I was also told that it was reported I tried to walk out another door in the garden department. I tried to explain to them what the deal was and I was told I passed the area of payment or something. Keep in mind this store keeps a lot of items outside for sale on the sidewalks and by the doors. I was escorted to the back of the store were I was told I was being charged with shoplifting. I explained to them again in the back the whole story and they could verify it with the security tapes plus I told them I had made a deposit to cover the purchase in the bank when I first got to Wal-Mart. I had plenty of money in the bank account before but this money was ear marked for this purchase. But I am now being charged with a class B Misdomener and face jail up to 6 months, fines and the loss of my job with the Department of Criminal Justice as a correctional officer when I am finished will my disability. Also keep in mind I take 13 medications including: Morphine, Phentanal, Vicoden 10-500, Soma, Roboxin, Dantrimum. The security officer told my wife it was probley a mistake but they are going after me anyway. Any ideals on what to do?

Post to your OWN thread and do not hijack another.

That was not my intention to hijack a thread, let you be charged with something you did not do and see how you react.

conexn said:

That was not my intention to hijack a thread, let you be charged with something you did not do and see how you react.

Click to expand...

What does that have to do with anything?????? You are accused of something that you're innocent of so your response to that is to "steal" anothers thread??

baystategirl, you are starting to sound like Wal-Mart yourself. What has been stolen, the original posts are still here? My point was and still is, I was and still am upset, worried, and looking for some insite on what to do and also their own views. We may have some of the same issue's and a way to maybe expose Wal-Mart's unfair claims of shoplifting.

On another note the attornies they lists here are high. They wanted almost 5,000.00 dollars to rep. me on this charge and they do not take payments. Have to remember you must buy your rights back when you get accused.

I did find a attorney for 2,000.00 and takes payments, this will carry me all the way threw the case, even if a jury trial is necessary. Do yourself a favor and look threw the online search for attorney's and start calling. If you are lucky you may fing one that is hungry and is willing to fight for you. The firm on my side is already on the case and is burring the prosucation in motions and getting copies of all their so called evidence. I am sure the video tapes they say they have will disappear when the find they support my story which is the general senses from what I have been reading on the net since this happened to me.

conexn said:

baystategirl, you are starting to sound like Wal-Mart yourself. What has been stolen, the original posts are still here? My point was and still is, I was and still am upset, worried, and looking for some insite on what to do and also their own views. We may have some of the same issue's and a way to maybe expose Wal-Mart's unfair claims of shoplifting.

On another note the attornies they lists here are high. They wanted almost 5,000.00 dollars to rep. me on this charge and they do not take payments. Have to remember you must buy your rights back when you get accused.

I did find a attorney for 2,000.00 and takes payments, this will carry me all the way threw the case, even if a jury trial is necessary. Do yourself a favor and look threw the online search for attorney's and start calling. If you are lucky you may fing one that is hungry and is willing to fight for you. The firm on my side is already on the case and is burring the prosucation in motions and getting copies of all their so called evidence. I am sure the video tapes they say they have will disappear when the find they support my story which is the general senses from what I have been reading on the net since this happened to me.

Click to expand...

Hijackink a thread ...such as you're doing.... is "stealing"...Start you own thread.

Click on Crimes-Federal and State....When you get there click on "post a message"...and state your cause....It is bad cyber-manners to take over anothers thread...also you won't get the right responses...
So for all involved....get to it!!