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AtAGlance · May 8, 2008, 03:35 PM

First off, I have never been arrested nor convicted of any crime except a couple of traffic tickets. I went into the store with no intention of shoplifting, however for the past few months I have been losing about 10-16 hours of work per week making it very stressful on myself and family with some depression insuing also. Anyway, I shopped for the things I needed and put those in the cart, then I went to electronics (bad idea no doubt) to look for a DVD for my wife for Mothers Day. Well, while looking I saw some other items that I would like to get for her, but could not really afford them. I could have paid for them, however on an impulse I decided to take them instead. I am 47 and have never thought seriously about doing something like this before. Anyway, I removed the items from there packaging after leaving electronics with them under my jacket. I took $343 worth of goods, the whole time obviously being watched more by store employees I believe rather than their cameras. As I purchased my items through checkout and headed for the door feeling strange about the whole thing. Well, as I stepped outside the door I was surrounded by whom I assumed to be employees, confronted by a young guy that looked more like a stock boy than an LP person. He stated why he stopped me, however he never once showed an ID. I considered for a moment to just walk past him or through him for blocking my way, however I am sure someone would have gotten hurt, including myself. He asked if I would go back into the store to discuss this with him... and after a few moments, and knowing I was in the wrong, I followed him back inside the store with about 3 more in tow behind me. I was asked to place items on a desk, which I did. Two deputy sheriff's came and wrote me a ticket for Misdemeanor Larceny with a court date. They asked me quite a few questions which of some I answered and most I did not. I was not typically arrested, however when being detained, I feel it was the same thing, just without the cuffs. Those were my options, place everything on the desk or go to jail. Again, they were justified in all they did and said. Seems to me though, that I should have been searched outside for items prior to going back inside. The only item they found the box to was a small mp3 player. My court date is in a little over a month and I think I should seek a lawyer over this. Strange thing is that just 10 days prior to this I had received a speeding ticket that I have to go to court with in the same month. 30 years since a traffic violation. Now this. I live in NC, and searching the internet, I have found that they changed the laws governing this offense in December 2007. Does anyone have any suggestions concerning this? I have never felt so humiliated in my life, not because I was caught, but more so because I Know Better! I work in the medical field and was wearing all my identification an everything... just depressed and impulsive and of course pretty darn stupid at that time. Now, I can't sleep for worrying about this. Haven't told the wife. Might definitely have to contact a lawyer for the big D because we have been married less than six months and are having our share of problems. I would welcome anyone's thoughts on this without being judgemental... I have already covered this on my own. I have considered taking courses online through the NASP ( National Association Shoplifting Prevention). I believe this is the non-profit org. that offers tests and other assistance to help you determine WHY you did it in the first place. Awaiting your FEEDBACK... Embarrassed and ashamed in NC.

ChihuahuaMomma · May 8, 2008, 04:21 PM

First of all, if they searched you instead of you presenting the items you stole, that's them accusing you of stealing instead of you confessing. Very common tactic with Loss Prevention.

Secondly, you know better. There are several reasons people steal. Out of need. Out of thrill. Or for attention. I think yours might have been a little of need and thrill.

Thirdly, tell your wife. She will find out anyway. An you'll be in deeper hotter water if you don't.

ChihuahuaMomma · May 8, 2008, 04:22 PM

BTW, my boyfriend is a loss prevention manager. If you have questions pertaining to this, I can most likely answer them for you. Just thought I'd throw that out there.

twinkiedooter · May 8, 2008, 05:22 PM

Mama - he was told to put the stuff on the table - he was not searched.

Yes, do tell your wife about this so she won't wonder why you are so upset prior to the court date.

Loss prevention is taken more seriously now more than ever due to the economy. Honey, it's not the end of the world for you just because you did this. You need to get a grip on yourself mentally about this behavior that you did. Who knows why you did this? You might not even know why deep down. $300 and change is a lot of money to steal from a store even if it's Wal Mart. Ask yourself how would you have felt giving this stolen gift to your new wife down the road had you not been caught? Probably pretty crummy. Are you that poor that you need to steal a present for someone? Probably not as most shoplifters actually have the money to pay for the item in their wallet.

Stop beating yourself up over this. The fact you had all your ID on tells me that is why you are beating yourself up over this. In the future don't steal even a pack of gum and you'll feel much better about yourself.

ChihuahuaMomma · May 8, 2008, 06:26 PM

I know that he was told to put the stuff on the table and not searched. I read that. I am telling you they did that as a means to get him to confess. By putting the stuff on the table, that was him confessing that he stole those things.

JudyKayTee · May 8, 2008, 06:45 PM

Originally Posted by ChihuahuaMomma

First of all, if they searched you instead of you presenting the items you stole, that's them accusing you of stealing instead of you confessing. Very common tactic with Loss Prevention.

Secondly, you know better. There are several reasons why people steal. Out of need. Out of thrill. Or for attention. I think yours might have been a little of need and thrill.

Thirdly, tell your wife. She will find out anyways. An you'll be in deeper hotter water if you don't.

I thought he was told to put the stuff on the table and did - ?

I'm surprised that Loss Prevention anywhere searches people - after the first couple of cases are thrown out of Court you'd think they'd learn a lesson.

I am operating my husband's store and employees - including security - are told to never, ever put their hands on any customer, including shoplifters. If the suspected shoplifter doesn't want to cooperate, then the Police take over.

ChihuahuaMomma · May 8, 2008, 07:47 PM

Originally Posted by JudyKayTee

I thought he was told to put the stuff on the table and did - ?

I'm surprised that Loss Prevention anywhere searches people - after the first couple of cases are thrown out of Court you'd think they'd learn a lesson.

I am operating my husband's store and employees - including security - are told to never, ever put their hands on any customer, including shoplifters. If the suspected shoplifter doesn't want to cooperate, then the Police take over.

As far as the putting the stuff on the table, please read my last comment.

And loss prevention are allowed to detain and arrest shoplifters, even tackle them if necessary. They are trained on the proper way to do this.

ChihuahuaMomma · May 8, 2008, 07:48 PM

This depends on the company of course. And their policies.

Fr_Chuck · May 8, 2008, 08:45 PM

First it may have well been a stock person who stopped you, any employee can and will stop you and ask you to come back into the store.

They do this so that you enter under your free will, if not they have to decide if they will phsycially restrain you or not ** arrest you

Depends on your state, but a Ticket is a summons to appear used for many minor crimes from having a joint and smoking it, to shop lifting,
In many states there is no need to be taken to the station, merely getting a summoms is all they have to do.

ChihuahuaMomma · May 8, 2008, 10:08 PM

Most stores do not allow employees that are not trained for loss prevention to stop shoplifters. They are not trained to handle resistance.

JudyKayTee · May 9, 2008, 04:04 AM

Originally Posted by ChihuahuaMomma

I know that he was told to put the stuff on the table and not searched. I read that. I am telling you they did that as a means to get him to confess. By putting the stuff on the table, that was him confessing that he stole those things.

Yes, I would venture a guess that if they asked him if he was shoplifting and he pulled out hidden merchandise that that was an admission that he had, in fact, shoplifted.

ChihuahuaMomma · May 9, 2008, 02:19 PM

No, if they ask him then he hasn't admitted guilt. That's why they simply say, "Put the stuff on the table." If he does, that's admitting guilt. Or they'll say, "So, why did you steal?" And they tell why, they've admitted their guilt. It's all about tactics.

JudyKayTee · May 9, 2008, 02:37 PM

Originally Posted by ChihuahuaMomma

No, if they ask him then he hasn't admitted guilt. That's why they simply say, "Put the stuff on the table." If he does, that's admitting guilt. Or they'll say, "So, why did you steal?" And they tell why, they've admitted their guilt. It's all about tactics.

Maybe in Washington. Not in NYS.

ChihuahuaMomma · May 9, 2008, 02:41 PM

Originally Posted by JudyKayTee

Maybe in Washington. Not in NYS.

How do you get the person to admit guilt then? Do you assume they stole and then arrest them? That turns out a lot of false arrests. You may have seen the person stuff something in their jacket, but you may not have seen them ditch it before leaving the building. It's not just in Washington. My boyfriend has worked loss prevention in a number of places, and they use the same tactic.

JudyKayTee · May 9, 2008, 02:45 PM

Originally Posted by ChihuahuaMomma

How do you get the person to admit guilt then? Do you assume they stole and then arrest them? That turns out alot of false arrests. You may have seen the person stuff something in their jacket, but you may not have seen them ditch it before leaving the building. It's not just in Washington. My bf has worked loss prevention in a number of places, and they use the same tactic.

Okay, you win. I give up.

ChihuahuaMomma · May 9, 2008, 03:12 PM

I was just asking. I hang out with my boyfriend at work a lot and see what goes on.

CaptainForest · May 9, 2008, 04:07 PM

They appeared to have done nothing wrong to me.

Had you refused to go back in…they could have either only a) let you go or b) forcibly detained you.

If you stole from them, they can detain you. Had you been innocent, you could have then sued for false imprisonment.

And you have to tell your wife. If you don't, then you are just adding more problems to your marriage.

ChihuahuaMomma · May 9, 2008, 04:16 PM

This is true.

ScottGem · May 9, 2008, 04:25 PM

It appears you are asking two questions. The first question is what to do about the ticket you were issued, the second is to try and understand why you did it in the first place.

On the first question, I would go to court, explain to the judge that this is the first time you did this, and you will never do it again and hopefully get off with nothing more than a fine.

On the second question, this is a deeper issue, and one you really have to answer within yourself. A good therapist might help you understand better.

As to the legalities of what happened. It sounds like the Walmart personnel acted properly and within their rights. They have you dead to rights, so I don't see anyway of fighting the charge.