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nexus
Jan 21, 2007, 11:07 PM
Hello

This is my story :

Yesterday evening I went to a supermarket and I bought a sandwich, a soda, a carspray, a loaf of bread and a cheesecake.
I went to my car and clipped a coupon from the cheesecake. That coupon was good for 2 $ and the discounted price of the cake was 1.99 so basically I got it for free. And I went back into the store to purchase another cheesecake with my new coupon. On my way I grabbed the bag where the soda and the sandwich was intending to eat them at a table in the store.

I realized that I did not had the receipt with me and I remembered that I left it in the cart. I went through a couple of carts looking for it and it was together with another 3 receipt. I scanned my items myself and when I took my receipt I took the ones that were from the previous customers. And put them in my cart. I looked about 2 minutes at the receipts trying to find mine. Outside were 2 guys that afterwards I realized that were store detectives. Now I know that are some guys that go after receipts outside the stores and go back and pick up the same items or go for a refund. They were sure that I am a shoplifter doing the trick and followed me throughout the store. I entered the store with my cart and I had the bag in the cart. It was small and maybe looked empty because the sandwich was in my pocket. I took some cookies and went to the isle with the cheesecakes. I left my cart before because it was too big and I intended not to buy anything else but the cheesecake. Eventually I took some cookies also. When I got to the Isle I took the cheesecake in my hand but it was frozen and too big and I put it into my bag intending to scan it and hand the coupon to the cashier and get it for free.
Waiting in line for paying I put my bag down and checked out a magazine. When my turn came I forgot about my bag , payd my cookies and left. I realized that I forgot the other bag. Came back into the store, I grab my bag and at the exit the 2 guys jumped me and drag me to the interwiew room.

I was puzzled, I had no ideea about what is going on. I never faced shoplifting charges and I had no idee what is happening. After they start questioning me I said that I have no ideea what I've done wrong and finally I remembered about the darn cheesecake that I put in my bag. It really looked bad and the guys were following me. I tried to explain that is a mistake. But they said that I stole the goods. I showed the receipt but they said that the receipt is not mine. I showed the credit card and they were puzzled for a moment and they said that it was a double. I don't now what is that , I understood that this means that I came back and stole the items that were already purchased. I invited to my car to show them the other bag and nothing else and refused to come . I appologized for the cheesecake I said that is ridiculous, that I have no intention to steal it. They said that they saw me putting the cake in my bag. I said OK that was my mistake , it was honest. But they charged me with stealing the other things THAT I PAID FOR!!

I said, OK, this is a mistake, I appologize for it and I will pay you the price. They said that what I did was robbery and called the police. I tried to plead my case to the police but they said that need to file a report and a citation. I said that this was a stupid mistake , I had a coupon for the item and I would get it for free anyway.

They said that this I will explain to the judge.

In the end : for all the items that I was charged with shoplifting I have a receipt. Maximally I accidentally left the store with a 2 $ cheesecake. I admit it.
I thought that the police will check my car and listen to my side of the story but they filled
the citation and left.

The citation is for theft by deception. I did not admitted any intent, did not signed any declaration admitting to stealing the goods. It is a 9.41 value. I just appologized for the cake and said that is an error. I tried to say that I'm a student, that I'm going to hard times and I can't afford to stand trial or pay an attorney. The police said that must file charges.

Now my questions are : what to do now ?

Do I need a lawyer? I am not guilty and I'm going to plead not guilty. If I am pleading not guilty and bring my receipts and credit card to prove my innocence will this work ? All the allegedly stolen goods are on my receipt! I had nothing unpaid concealed or hidden , I just forgot to scan the damn cake and hand the darn coupon. That's all.

Will a lawyer maximize my chances for the case to be dismissed ?
The case can be dismissed from the beginning or a not guilty plea will automatically mean that I need to stand trial with jury.

I have no record whatsoever not even a parking ticket.

thedogghater
Jan 21, 2007, 11:49 PM
Get a lawyer,tell him every thing and show him that the damn cake would have been free anyway,I don't understand way they charged you with that charge instead of just plan shoplifting,that's a lot biger charge then just shoplifting.sounds like they were trying to make a point to u,or show there power to u.get a good atty.it will ruin you between $500-$1,500.

Good Luck hope you the best.

If you have no record and can not afford a atty you can plead frist offenders

chippers
Jan 22, 2007, 12:12 AM
When you receive the summons in the mail, notify the court you are pleading not guilty. Then find out about meeting with public defender. With your student status and limited income, you may qualify for their office. Take all you receipts and anything they ask. Also, If you work, take a couple of you paystubs and any receipts showing how much you pay for college.
Stores these days are taking a much stronger action related to shoplifting. And procecuting more instead of letting them pay for it and letting them go. At times the security does get heavy handed and sound like the spanish inqusition your in there with 2 guys yelling at you and your scared and confused.
Your best bet is to see the public defender and have him represent you. You've got a clean record and you want to keep it that way.
Good luck to you.