Was this right?

Question

Most of today, my boyfriend and I had been driving around our town aimlessly and a creepy car had been following us.

Later that night, I go into a store to buy an air freshener and without even thinking, walked out of the store to peek at my car to see if the creep was there (He had pulled into the same parking lot).

I walked back in to the store to pay for it and a cashier grabs me into the back room, calls the manager and the next thing I know I got cited for shoplifting. They had a police officer escort me out and everything. Im also banned from the store.

They sat me in the room at the store forever talking about leaving store property and I told them I was coming back in but they kept telling me about leaving the actual building so stupid me signed their confession because I was so scared.

Was this even right or should it have happened the way it did?

Answer 1

You admit you left the store with an item you did not pay for...and you don't understand that this isn't the exact, textbook definition of shoplifting?

Yes, I understand that you were concerned about the creepy car...following for what....hours and that you wanted to check if the car was still there. You should have paid for the air freshener before walked out to check on the car.

You were wrong to leave the store without paying first.

You committed shoplifting and you're lucky you weren't arrested. Find another store and move on.

Answer 2

Wow, I have a few questions about this one. First of all, why did you drive around most of day with a creepy guy following you. For future reference, if someone is following you all day, drive to the nearest Police/Fire station and report it.

Second of all, it doesn't sound at all like your actions fulfill the elements of theft. Theft is defined as the taking of property with the intent to permanently deprive the rightful owner of that property. Since you walked back into the store voluntarily, I can't understand why the shop owner grabbed you and locked you into a room. And why, when the officer got your side of the story, he didn't just release you as the whole thing was a misunderstanding. Unless, as you said, you were so freaked out that you didn't make it clear to them what was happening.

Anyway, the confession was where you went really wrong. NEVER sign anything that you didn't write yourself. If I were you, I'd get a lawyer and fight this one. Theft of an .90 cent air freshener is ridiculous for the situation you described. No, I don't think it is right that this happened to you, which is why you should fight it. If you were to be convicted of even this minor theft, it would stay on your criminal record. Then, if you were to ever be accused of theft again, it would qualify as "Theft with Priors" and would elevate the crime considerably. Bring a lawyer to your first court appearance, and take it from there.

Answer 3

Technically, they had a right to apprehend you as a shop lifter. Intent has to be proved, and since as you say, you did go back in of your own accord, then it could also be said that they over reacted. So far as the confession goes, you signed it under duress which could be tossed out of court. If it were me, I would go see a lawyer, and sue these people. If you can't afford one, then there might be a legal aid agency that might help you. The mere fact that you came back into the store by yourself is something in your favor. If you had it in mind to steal the item, then why did you go into the store of your own decision. If the clerk saw you leave with the item, then would have been a better time to make the move to confront. I think they acted to harshly. It may, however, be that the store has been robbed in this manner many times and you were the unfortunate person that they wanted to make an example of. IF all that has happened was being barred from the store, and nothing else, then you might also consider it a lesson learned and to not repeat it. As for me, it I were you, and had been treated as you describe, I would fight it, and sue.

Answer 4

First of all, it was NOT shoplifting. Larceny is the taking and moving of the personal property of another with the INTENT to steal. Since you did not INTEND to do it, you are not guilty.

The confession is a problem. There are ways to get it suppressed, such as duress, but it doesn't look good. You need an attorney if you actually get charged.

As a general rule: When questioned about a possible crime, The ONLY thing you tell the police is "I WANT A LAWYER". Ok...you can (and probably have to) tell them your name. But If they ask you the color of the sky you say "I WANT A LAWYER". If they ask if you want a drink of water you say "I WANT A LAWYER". If they say a lawyer is on his way, would you like a drink now, you say "I WANT A LAWYER".

As for being banned from the store for life, they sure can do it. It's their store, and even if you didn't mean it, they might not care.

Answer 5

Did you tell them why you left the building? That is so stupid that they did that. I have actually forgotten to take something out of my basket to pay for it. I noticed it as I was loading the car. I went right back in and paid for it with no problem. If you told them your story and they didn't listen, then it's better that you find a good store that won't treat honest people like crap. I would contact the regional manager of that store or the store owner, it's absolutely ridiculous. You were honest in going back into the store.

Good luck.

Answer 6

Part of this depends on what state you are in as the laws differ slightly. I know in Texas that meets the requirements of theft (shoplifting). What I think is stupid is the fact that the shopowner made such a scene of it if it is true that you only walked out for a brief moment.

Answer 7

Sorry dear but when you leave a place of business without paying.conseal,alter the price,change the item to another container,or hide it on your person or anothers you are shoplifting. Why did you not lay the item on the counter until you came back in.(How many times have i heard the tale I was coming back to pay for it?) Tom B

Answer 8

No, it wasn't right. _ It was just a case of misunderstanding. _ The lesson which everyone can learn from your unfortunate experience, is:- 'Never walk out the door, without first settling the bill."

Answer 9

yes, you shouldnt have carried it out of the store, thats theft, noone has any idea you are comming back, you are a thief now. sad isnt it. stop wasting gas running all over town doing nothing and maybe people will stop following you.