My 17 year old neice got arrested at Marshall Field's for retail theft, but she never left the store, nor did she conceal anything. The cashier rang the item up and put it in the bag. I thought it was only retail theft when you actually left out the store. Am I wrong?
2006-08-30 09:57:35 · 12 answers · asked by greatdame53209 1 in Politics & Government ➔ Law Enforcement & Police
When we went to court the lawyer showed us the police report and the store report.
both reports state that she was accosted outside the department store but they don't have that on the videotape period. They have her at the register. More than likely we will take this to trial because I believe that the store's personnel isn't telling the truth. If I were a store and accused someone of theft, I would certainly have the videotape showing that they indeed left the store. We would like to start a civil suit against the store after this case.
2006-08-30 10:14:31 · update #1
no, you can be caught for taking stpes toward stealing (e.g., putting on a sweater under your own shirt)
2006-08-30 10:00:44 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I cannot speak for every state, because under the Constitution each state has the right to make certain laws to suit themselves.
I can say modern criminal law in most states does not require a thief to leave the store at all to be successfully charged with theft.
It is common for a state to have a law which grants the store personnel the right to search a person and verify ownership of each and every item. And, in some states, they cannot be sued for this search ON THE CONDITION they never say the person has stolen something until they are sure. They do not need proof of theft to search as such. After they find a stolen item, then they can charge her, and if they are wrong, they can be sued.
Since such stores as Marshall Fields get sued a lot over such stuff as false arrest, etc., you can be sure before they went the next step and said she had stolen something a person with special training in shoplifting would have evaluated the evidence and made sure the evidence met legal requirements.
Smaller stores such as Wal-mart branches sometimes end up with pretty untrained staff, but a big store like MF is unlikely to send out a new part-timer on a job like this.
MF will have evidence of theft to present, which means it will be your turn to prove innocence. If you indeed convince a jury that the item was correctly paid for, then yeah, you will get a lot of money from them.
But,their attorneys will be reviewing the evidence and if they do not drop the charges and offer an out of court settlement for false arrest, I bet they have her nailed solid.
2006-08-30 10:35:55 · answer #2 · answered by retiredslashescaped1 5 · 0⤊ 0⤋
There is prabably alot more to this event that you are aware of at the present time. That's why no one will be able to do well in answering your question. The report that someone made on her arrest is most likely 2 or more pages long for a retail theft, and the two sentences of summary that you provided is too sketchy. Sorry.
2006-08-30 10:04:59 · answer #3 · answered by nothing 6 · 1⤊ 0⤋
The item must leave the store and the store must be able to prove your neice intended to steal. They must actually see her concealing the item. They cannot assume she concealed it.
If I were you, I would demand a copy of the store's report, but I am not sure if they are obligate to give one. Then I would get a copy of the local police report.
After that, I would raise some hell. Get a good lawyer.
2006-08-30 10:08:01 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Did she pay for it? If she took the bag & tried to leave the store it is on cameras & yes they can arrest her. It is a false idea that you have to really leave the store first.
2006-08-30 10:11:42 · answer #5 · answered by Wolfpacker 6 · 1⤊ 0⤋
If law enforcement arrested your niece for theft, she removed something from the store without paying for it. That's most likely what happened. She's young and made a mistake, and is telling you and anyone who will believe her story that she's a "victim".
2006-08-30 10:04:00 · answer #6 · answered by Anonymous · 0⤊ 1⤋
in case you dont turn your self in, you will finally get caught. you have what's maximum probable noted as a FTA warrant (Failure to look). as far as bond quantities and what to anticipate, it is as much as the courtroom and police. I say this too many situations, yet right here it is going back...seek for criminal suggestion. YA should assist you to alongside the way, yet an criminal expert will ultimatley have the capacity to evaluate your difficulty and get you help. i in my opinion might seek for suggestion from with the criminal expert earlier turning your self in, as he are able to barter a speedy launch.
2016-10-01 02:36:53 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I don't think they can really do that you need to leave the store be for it is retail theft
2006-08-30 10:03:44 · answer #8 · answered by ? 5 · 0⤊ 1⤋
she would have to show the intention of permanently depriving the owner of their stock (eg concealing it on her person). she does not necessarily have to leave the store.
2006-08-30 10:04:01 · answer #9 · answered by stephizzal 5 · 1⤊ 0⤋
If she actually paid fir it you can sue the store.
2006-08-30 10:03:40 · answer #10 · answered by Anonymous · 1⤊ 0⤋