can i sue if i was wrongfully accused of shoplifting and they never gave me my stuff back?

Question

i have to go to court next week 'cause i got arrested for "shoplifting". i walked in riteaid with a new bottle of lotion & 2 new eyeliners then when i was about to leave they stopped & accused me because the lotion was sticking out of my pocket

an employee just reached in my pocket & took it without even asking or anything & says "why are you jacking stuff?" so i argued with him & he called the cops. they arrested me but let me go that same day but i still have to go to court. the guy said that he didnt even have me on camera but he supposedly saw me. i have never stolen anything & i dont have a record. so whats gonna happen when i go to court?
and another thing, they didnt even sell the lotion i supposedly stole

Answer 1

If you still have the receipt for the lotion, take it with you to court. The store would have to have a representative there to testify. Ask them to produce the item in question. Point out that the item was not even sold in their store.
If not, explain to the judge that the store stole your stuff and you were wrongfully accused. Ask them to show the item the bottle you supposedly took. If they cannot produce it. produce your receipt which shows you had bought the item someplace else.
Since you don't have a criminal record, the judge can either withhold adjudication and give you probation if you are found guilty, you will have to pay a fine and move on. It will appear on your record or the judge will just dismiss the case
Make sure you have the documentation to prove your case

Answer 2

They couldn't sell the lotion you supposedly stole, because it is evidence.

Anyway, whether or not you can sue them is entirely dependent on what happens in court. If you are found not guilty, then you can sue them if you want. I doubt you would get enough out of it to make it worth your while, but you could do it.

That said, I already know what one of your problems is going to be. Why were you carrying new merchandise into a store? It doesn't make any sense. Had you just bought it somewhere else? Then why didn't you have the receipt? I'm not saying you did it, of course, but that is a difficult obstacle to explain, so think really hard about it. If the employee swears he/she actually SAW you take it, even if he/she is lying, that could cause a problem, too. It may not be proof, but these two things together don't bode well for you.

The fact that you don't have a record only means that you'll get off easy if you are convicted. It likely won't make much of a difference whether or not you are found guilty or not. Either they can prove you did it, or they can't. Good luck!

Answer 3

Seems to me that they have to produce the stuff you 'stole'. And if they do not stock the lotion they will have a hard time making a case. And yes, you can sue. And you can also sue the employee because an employee in a store has no more rights than any other individual and certainly cannot remove things from your pockets, that is stealing. Why not look for an attorney who works on contingency? They would lap this case up.

Answer 4

Get a lawyer.You're playing with the big boys now and they mean business. You have to slap them down hard. This means not only are you going to plead not guilty, but you will counter sue for damages, mainly slander and character assignation. You go looking for blood in the terms of big bucks. Anything from a couple of grand to a million dollars. Whatever your attorney thinks you can get. Then you will graciously agree to settle out of court for your costs plus a little and the firing of the idiot.

Answer 5

sue for what? to successfully sue someone you need have a reason other than "i was embarrassed" or "i felt wronged". I think you need some self esteem and life experience. If the people who run the business stripped searched you or wrongly restrained you than you may have a case for suing them, but honestly... You need to get over it, fast. I have been in your shoes, cleared it up as a misunderstand and we are all still friends. I really think you are totally over-reacting to this - why is it such a big deal? Why are you happy that some poor person lost their job because of you and your bad attitude? Maybe you need to apologise to that person you got fired just for following company procedure. You should run a business for a while so you are on the other side of the counter trying to minimise stock losses through theft. Sounds like you need anger management more than a lawyer...

Answer 6

Bring your receipt to court.
You can sue for wrongful imprisonment.