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logi · Jun 16, 2008, 04:55 PM

Hello,
I was caught shoplifting a $1100 computer(Well, it was 849.00 open box). I came back the following day with the computer in hand and purchased it. The following day after the purchased I was confronted and arrested for shoplifting. I was not read my Meranda Rights, and stayed overnight. Now I have a felony charge, and the court date is set two weeks from now. I shoplifted, then came back and purchase the item I stole, but the damage already have been dealt. What will happen to me when I go to court?

Gregisteredtrademark · Jun 16, 2008, 04:59 PM

I know that once you step out the door it doesn't matter that you brought it back, in many cases just concealing an item is convictable. Obviously a lot would depend on if you were an adult or a minor in the courts eyes. As far as court goes, I would suggest getting a lawyer.

JudyKayTee · Jun 16, 2008, 05:02 PM

Originally Posted by logi

Hello,
I was caught shoplifting a $1100 computer(Well, it was 849.00 open box). I came back the following day with the computer in hand and purchased it. The following day after the purchased i was confronted and arrested for shoplifting. I was not read my Meranda Rights, and stayed overnight. Now I have a felony charge, and the court date is set two weeks from now. I shoplifted, then came back and purchase the item I stole, but the damage already have been dealt. What will happen to me when I go to court?

Do I have this right? You stole the computer and were caught.

You came back the next day and paid for it (possibly to avoid criminal charges).

The next day you were arrested for shoplifting.

What State and how old are you? Prior record?

logi · Jun 16, 2008, 05:03 PM

An adult. It was a bad mistake that I regret, and had the intentions of paying for it. Would it matter if it was my first offense? I have no previous records or was involved in any law breaking matters. I'm in Louisiana.

Fr_Chuck · Jun 16, 2008, 05:06 PM

Ok, lawyer, is the only word. Next there is no requirement to read you your rights, if they don't question you, For example if you already confessed to the store people, or confessed to the officer as soon as he got to the store. You can be arrested and convicted and sent to prison and never hear you rights. But if you are not told your rights, then your answers to questions after you were arrested can not be used against you
So if they have all the evidence they need to convict you without your answrs, then it does not apply. And the fact they are taking this as a felony, if the dividing line is 1000, it is in many places, then the actual value of the item, will make a difference. One issue for attorney to ask for it to be lowered to a misdemeanor.

JudyKayTee · Jun 16, 2008, 05:08 PM

Originally Posted by logi

an adult. it was a bad mistake that i regret, and had the intentions of paying for it. Would it matter if it was my first offense? i have no previous records or was involved in any law breaking matters. im in louisiana.

OK, I'm confused - you left the store with it. You got caught. You came back the next day.

You DID pay for it at that time.

Now you say you had intentions of paying for it.

Which scenario is correct?

logi · Jun 16, 2008, 05:13 PM

After I left with the product, the store was already closing, by the time I went back it was closed completely. That made me come back the following day with the product in hand to purchase.

I left the store, did not get caught.
Came back the following day to buy the stolen product.
Next day after purchase, I was confronted about leaving with the product before the store closed, then got arrested on that day

JimGunther · Jun 26, 2008, 08:27 PM

I was in retail security for 13 years and that has to be the nuttiest story I have ever heard. Nothing like that ever happened in my experience and it is therefore hard for me to believe. When you walked up to the register to pay, why didn't they just take your money and let it go at that? Did you just blurt out, "Oh, by the way, I left the store with this item without paying for it yesterday?" The scenario doesn't make sense. If you were not caught when you left the store without paying, there is no evidence that you did so except your big mouth. Presumably, you have the item and a receipt to match it. It's a lousy case to go to court on.

You also said that the day after the purchase, you were confronted and arrested for shoplifting. How and where did this occur? How did they know where to find you? If you were not arrested when the theft occurred and were not arrested at the time of the purchase, someone would have had to swear out a warrant to get you charged with a crime, and I can guarantee you that in my state, a warrant would not be granted based upon the circumstances you describe and espically lacking a witness to the "crime."

Stores have a major concern about false arrest lawsuits. It is standard procedure for them not to prosecute anyone unless they see a person remove an item from display and leave the store with the item without paying for it. I am surprised you would be charged in this case and I am surprised that anyone would do what you say you did.

I suspect that the whole scenario is a fabrification, if not you have some serious life skill issues and the store security department behaves in a way I never heard of in my experience.

ChihuahuaMomma · Jul 12, 2008, 11:35 PM

Loss prevention does not have to read you miranda rights*. Cops do.

*At least in Washington and Oregon, I would look into the matter for your particular state.

JimGunther · Jul 13, 2008, 01:07 AM

Some loss prevention personnel are commissioned special police officers, as I was for 13 years. As such we were required to read arrested persons the Miranda rights if we felt that we were going to use statements they made against them in court. If assaulted, we could charge the person with assaulting a police officer and could also charge persons with resisting arrest.

ChihuahuaMomma · Jul 13, 2008, 01:11 AM

Yes, but just plain loss prevention where I live do not have to read miranda rights. And they can search bags without a search warrant as well.

hiwiseguy · Jul 13, 2008, 01:35 AM

"Attention, Shoppers; we are closing in 2 minutes, if you have any items to purchace, please exit the building now or you will have to pay for them."

Dude, if your story holds up, chances are the judge will let you go because the store let you go during closing time.

The Judge may ask if you tried to pay for the item first (if you try and pay and they instead, usher you to the exit door, then it is reasonable to believe that the store is giving away free mechandise).

However, be prepared to explain how one is able to get outside without paying for a computer they wish to purchase. The Judge will probe you for your thinking here in order to establish if you are out of your mind.

So, just a heads-up.

N0help4u · Jul 14, 2008, 01:58 PM

Originally Posted by hiwiseguy

"Attention, Shoppers; we are closing in 2 minutes, if you have any items to purchace, please exit the building now or you will have to pay for them."

Dude, if your story holds up, chances are the judge will let you go because the store let you go during closing time.

The Judge may ask if you tried to pay for the item first (if you try and pay and they instead, usher you to the exit door, then it is reasonable to believe that the store is giving away free mechandise).

?? :confused: The store ushers him out the exit with a $1,100. And doesn't think to tell him to pay for it or leave it and come back tomorrow to purchase it?? Even if the store 'let him go' at closing time he still 'took' it.

He doesn't think to put it down and leave and come back to pick it up and pay for it tomorrow?

Miranda rights being read when the police confront you are Hollywood.
Some states may require it but mostly people are under the impression that it is mandatory at the scene of the crime.
They are only required to give the miranda right if they want to question you or if you try and offer information. Otherwise they say you are not being arrested, you are just being taken in for questioning. Then at processing they read you your rights.

Fr_Chuck · Jul 14, 2008, 02:22 PM

First, sorry stores do not do that, if some clerk though you had paid for something they may have hurried you out, Next nope the store people are not requrie to give any rights, and the police don't have to unless they question you as a suspect.

And even if they do question you ( police) without giving you your rights, it does not throw the case out, they just can't use any statement made by you during that questioning, unless they find that same evidence somewhere else independently.

In almost all of my arrests when we caught the suspeect with the stolen item no need to even question them, you have all the evidence you really need.

JudyKayTee · Jul 14, 2008, 02:25 PM

[QUOTE=N0help4uThey are only required to give the miranda right if they want to question you or if you try and offer information. Otherwise they say you are not being arrested, you are just being taken in for questioning. Then at processing they read you your rights.[/QUOTE]

All out of greenies but as always - 100% on and ChiMomma has posted this before. It's from her experience, not something she's making up as she goes along.

ChihuahuaMomma · Jul 14, 2008, 08:39 PM

I just want to clarify on Judy's statement. Not experience as I've never been arrested for shoplifting (cause I've never done it). My boyfriend does this for a living. LOL. Way to make me sound bad, Judy! Gah! Just messing!

N0help4u · Jul 14, 2008, 08:43 PM

Experience can mean what you have seen happen even to somebody else.
That is what I base my replies to do with addictions and some other things
It is my experience but not directly

ChihuahuaMomma · Jul 14, 2008, 08:44 PM

I know, I was just joking with Judy. She knows that (hopefully).

starfirefly · Jul 14, 2008, 08:47 PM

When you go to court make sure you bring up the fact that they accepted your money, and tell them that for them to accept payment the item is no longer stole , the company accepted the payment there for you have stolen nothing and if they wanted to charge you for the theft than they should at least give you your money back... it might work lol, and keep the receipt

ChihuahuaMomma · Jul 14, 2008, 08:53 PM

And also, they shouldn't give him his money back. They can chalk it up to restitution if they want, otherwise he is just paying for a stolen item. Yes, it's still stolen.