Wrongfully accused of retail theft

What is the name of your state? IL

Back in June 2005 I was accused of retail theft by a Wal-Mart security guard and was arrested. I plead not guilty but was found guilty at a bench trial in early 2006. I was sentenced to conditional discharge and 5 days of community service. In the mean time an appeal was filed. In Dec 2007 I won the appeal and the decision of the trial was reversed and remanded. (It was found that the trial judge violated my rights.) So my case was rescheduled in the original court and was dismissed. No one showed up from Wal-Mart. So it is all over now (finally, as of March, 21, 2008, my stress is relieved).

So what I'm wondering is, can I get my item back from Wal-Mart that I was accused of stealing? It was only $80, I even had a receipt when they accused me. It just really miffs me that they still have my property. Do I have any civil action options I can take?

Thanks so much!What is the name of your state?

That seems odd that you were found guilty if you had a receipt. In fact that does not even make sense. If this is the case you may well have a malicious prosecution case available to you because the guard had no probably cause to have you arrested after you produced proof of the purchase with your receipt. Something is not right with these facts.

If you are really innocent I would send Wal-Mart Corp a letter with a one page explanation like you have posted here and ask for the $80 or for the item. I think you may be surprised at the result. I would also copy the current store manager wher the event took place because that person has the authority to clear this up as well.

What did you buy for $80 that you would still WANT after nearly 3 years?
I believe it would be more reasonable to expect the $80 back.

You could sue them in small claims court for conversion.

tranquility said:

You could sue them in small claims court for conversion.

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Or, if that didn't work, for conversation!

Rexlan said:

That seems odd that you were found guilty if you had a receipt. In fact that does not even make sense. If this is the case you may well have a malicious prosecution case available to you because the guard had no probably cause to have you arrested after you produced proof of the purchase with your receipt. Something is not right with these facts.

If you are really innocent I would send Wal-Mart Corp a letter with a one page explanation like you have posted here and ask for the $80 or for the item. I think you may be surprised at the result. I would also copy the current store manager wher the event took place because that person has the authority to clear this up as well.

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Thanks for your reply, I will give your suggestion a try and attach the appeals court decision. The trial was an exercise in absurdity. It made no difference what the evidence was. This particular judge is very biased for the State - her name is Pamela G. Karahalios. And that really was the evidence - the item and the receipt. There was video but Wal-Mart claimed they had "sent it to corporate". The other evidence was a security guard who saw me leave with the item in a bag. (I bought the item in the electronics dept which has registers in the middle of the store - not near the exit where the other registers are.) The Wal-Mart security was extremely intimidating and said they would "verify the receipt" they found in the bag. But they didn't - they called the police instead while I was forced to sit in their waiting area.

Well if that is all true then you have a very good case. I would see an attorney and I suspect you will be able to relieve Wal-Mart of several thousand dollars. They are used to the fight but they will probably settle with you if it is that cut and dry before trial. I think malicious prosecution is the better complaint in this instance.

As for the judge ... that is very surprising, if all of the facts are as stated. The case should have been a slam dunk in your favor. For security to hold you, and for you to get charged, there needed to be probable cause. The police could not do that so Wall Mart would be required to lodge a sworn complaint I believe. If they did not and you were charged anyway, then the police are also in hot water.

With the receipt in-hand and presented at the time of contact the probable cause element is missing and I believe you have a good case for malicious prosecution. Maybe others will chime in on that if they disagree.

When looking for an attorney .... don't look for a bargain and I would also ask if they will take it on a contingency as it sounds like a strong case. It's a very good possibility they will because there is a deep pocket involved. That will minimize your out of pocket. Since you are only thinking about the $80 ..... then 2/3 of $80,000 probably would be OK too ..lol.

Make the complaint for $2-300,000, possibly more. Mental distress, loss of reputation, your expenses, the community service ( that is worth $5,000 alone), all the good stuff. Loss of consortium due to mental anxiety is always a super winner too (if your married!).

Wal-Mart has turned into a made in China and a good beating once in awhile is a good thing!

Good luck. Report back with your choice of action.

I also have no criminal record.

Thanks for your comments - I'll follow up when I can. And it was EXTREMELY stressful.