Shoplifting, Larceny, Robbery, Theft Accused of Shoplifting in PA

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rtfworriedinPA

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I am a 42-year old professional male, who no criminal history. My fiance and I were at the mall this weekend and we were stopped for allegedly shoplifting after leaving a major department store. We initially went to the mall to get some minor repair work done on our car, which would take about 1.5 hours to complete. Before leaving the car with the auto store, we looked inside and in the trunk and there were 3 bags of merchandise that we recently purchased from a combination of this deparment store chain, and 2 others - about $400 in total. Most of the items though can be purchased in this department store. We decided rather than leave these items in the car with strangers working on it, we loaded up 2 bags, and just brought them with us. We went to the dept store, and my fiance was looking at some handbags and I was looking at some men's clothes. I went over to see if she was ready to go, and she showed me a couple of bags that she liked. I looked at them, opened up one and inside one of the purse pockets was a security sensor someone had removed from another item and placed inside this handbag. I took it out, and placed it in another bag that was on the rack, not really knowing at the time that my actions here would be detrimental! We continued to shop, went downstairs to another section of the store, where she tried on a couple of items. I told her we should go and get the car, and just leave the new items inside the dressing room entrance on a rack and we would come back and finish the shopping later. As we were leaving, we were approached by 2 security officers who accused me of removing a security sensor from a handbag. I was completely shocked and denied it. We cooperated, and went back to the detaining room because I thought this would be a simple misunderstanding. They frisked me and I had unknowingly placed a small pair of pliers in this particular jacket a couple of weeks back because I needed to remove a gutter that had blown down from a recent thunderstorm, and the screw holding it together was rusted. I must have placed this in my inside pocket when breaking the gutter into pieces. I hadn't used the jacket until this day because of the warmer weather. Needless to say, this didn't look good, and I was suprised when it appeared. So a bad situation all of the sudden just got quickly worse!! They wanted us to sign papers indicating that we would reimburse them for the value of the merchandise plus $150. I said no way. First, we came in with the merchandise, and second, we are not thieves. I knew there was a receipt in the bag, but when the two security staff went through our things, we were behind closed doors and couldn't see anything. Now, the receipt is mysteriously missing from the bag! Also, they tagged items that were already used - a scarf and jacket that she walked into the mall with but placed in one of the bags as she was shopping. I wanted to speak with my attorney while being detained inside the store, and they declined my request to use my cell phone. They took my wallet, cell phone, jacket, and the pliers that were found and brought them outside of the room, along with the other merchandise we had in our possession when entering the store. Now, I have NO receipt, the items were paid in cash, and I have a set of pliers in my possession. I begin to worry. They tell me the police are on their way. The police arrive, we get questioned/interrogated a bit, no Miranda rights, and handcuffed and escorted back to the police station for fingerprinting. We also get a more intense interrogation there, still no Miranda rights, and I repeatedly ask if I could call my lawyer - my requests get declined by the police - "not until you see the judge". I then get put in a holding cell for 2+ hours, until the judge arrives. My fiance and I are being charged with a first degree misdemeanor for shoplifting. They place my value at $350, and hers over $500 - again, I am not sure how they arrived at these figures. If the store surveillance does show me putting the sensor inside another handbag, what can I say? I did do that. However, I did not remove it! It was already cut loose. Secondly, a lot of the merchandise was purchased at this chain - some at this store, and some at another store. They were all cash transactions. Now without a receipt, and the security staff tagging merchandise that she had in her possession when entering the store, I feel like we are gonna get screwed! This just happened a couple of days ago. I did contact a lawyer, and we have a meeting set-up later in the week. What can I expect here? I can't sleep or eat. It really concerns me. Like I said, I have never been arrested - no criminal record ever, a very responsible person, volunteer my time, etc. etc.

I appreciate any advice you can provide.
 
Ok without playing Judge I find your story hard to swallow. If you want our help we need the truth. we dont Judge here! Now if your version is accurate its easy to see how you were charged and its likely to stick. You have a decision to make. Start calling Lawyers to fight charge. Expect this to cost thousands. Your other option is to start calling Lawyers and ask about Diversion plea bargain. Because you had a tool and evidence suggests you used it. They can easily charge you with felony burglary
 
I agree with the admin but I am going to take your story at face value. First you have the criminal part and the civil part associated with the theft. You need to resolve both asap. If you are truelly innocent, hold off on paying the civil penalty, BUT contact the stores civil demand office and explain why you are not paying the fine. That way it will be on record and it will not appear like you are dodging the fine.

Criminally - get a criminal defense lawyer. They can subpoena the video, lp statements and any documents pertaining to your case. They can give you the best possible way to defend yourself in court. If there is enough evidence to convict, then take a plea.

Please keep us informed and good luck.
 
Let me add that if the items you had we paid for finding the reciepts is importnat however even without them you migh tstill prove you owned them. Did you pay with check, credit card, giftcard etc? What days did you buy them? What stores, registers? What we clerks names etc etc These can all prove you paid for items
 
Thanks for the feedback - that was quick! I understand this doesn't look great from an outsider's viewpoint, but it is the truth. I have a very good paying job, high profile, with a lot of responsibility. I don't need to steal things. If anything, I am guilty of putting an already cut sensor that was in one of the pockets of the handbags that my fiance was interested in buying and putting it in another bag. Does this mean I am a shoplifter? I hope not! What kind of physical evidence does the store need? In retrospect, I should have just left it there and did nothing, but it was just a reaction at the time.

Another question - what is the policy for when store security takes bags from your possesion and looks through them? Should they do this in front of you? For them to come up with over $500 in merchandise is impossible. How do I know that they didn't add things to the mix? We couldn't see what they were doing because we were behind closed doors? Is this normal protocol? What would happen if they were to add drugs or something illegal, and say this was in one of the bags? It seems like a lot of room for misbehavior. Plus, the security staff was aggressively pushing me to pay the value of merchandise and the penalty, which I thought was very suspicious on his part. Are security staff incentivized on what they save a store? If so, isn't this a MAJOR conflict of interest?

Also, what is your background? What do you do for a living? Are in you security?
 
Admin said:
Norman and myself have both ran Loss Prevention departments and/or consulted for major retailers.

So are you guys incentived by the amount you save a retailer? Is this part of your compensation package?
 
So there is a metric then that compensates what these Loss Preventation staff save a store. This is what I figured. With that being said, it doesn't surprise me how the amount quickly escalated because this would only drive down the shrinkage percentage!! I can do the math... There is most definitely a conflict of interest issue here. I'm sure this doesn't happen in all cases, like you point out, but for higher end department stores, I do believe this would be the case. Plus, this store is 10-15 minutes from one of the worst sections of Philadelphia. I'm sure the folks that get pulled aside from this area take a real beating and it just becomes standard operating procedure at this mall. Based on this individual's strong desire to get me to sign this type of paperwork and the amounts he put forward, it just didn't add up to me.

What about the possession of our belongings? Why did they go through these things without our consent? And why were we not allowed to be present when this occurred? Again, there appears to be way too much room for foul play here. These are high school graduates at best, making maybe $10-$15/hr. Based on your feedback, it clearly is in their financial interests to drive down this shrinkage rate. How do they do this? They add more things to the mix while we are being detained... I know the amount we brought into the store was no more than $400. This figure almost doubled!! Very troubling....

A lesson for everyone out there - don't bring previously purchased merchandise into a store!! If you have no other option, make sure you have the receipt in your possession - keep it in your wallet or handbag!!

In any event, I'll keep you guys posted as I move forward. I appreciate your time and insights as this is all new territory.
 
I understand your concern and rage. Your focus right now needs to be how to defend yourself againt the charges not second guess why the LP stopped you or their motivation. If you want to discuss LP procedures and the like begin a topic in Loss prevention section or even discussion area. Right now you have bigger concerns. You might be facing felony charges! Petty theft at very least. You need to talk a Lawyer. I can tell you from outside looking in I see several red flags in your story that could blow up in your face. Start calling Lawyers!
 
worriedinPA said:
Another question - what is the policy for when store security takes bags from your possesion and looks through them?

Different Stores have different policies. If you PM me with the store name (please spell it with spaces between each letter (IE S T O R E N A M E) I can assist you further, I will not give you specific store LP policies as they are confidential, but it will help give me a better idea what you are up against.

Should they do this in front of you?

It is best practice to do it in front of the shoplifter to prevent accusations such as these you are bringing against the LP. If the subject refuses to allow their bags to be searched, the LP are to comply and call the police who will come and search the bags.

For them to come up with over $500 in merchandise is impossible. How do I know that they didn't add things to the mix?

You don't. But it would take two extremely corrupt LP to do that and I have never seen that happen. Not saying that it can't but for both to be morally void and come up with a scheme to frame you seems unlikely.

What would happen if they were to add drugs or something illegal, and say this was in one of the bags?

First they would have to have possession of the drugs for them to place them in your bag. They have nothing to gain from this as they will lose their drugs and it is of no benefit to them if you get locked up for drugs.

Plus, the security staff was aggressively pushing me to pay the value of merchandise and the penalty, which I thought was very suspicious on his part.

Store staff are paid an hourly wage. I don't know of any LP department that pays their staff based on the dollar amount of the apprehensions. And I know people in almost every LP level of most major companies.
If it is the store I think it is, they are pushed to collect Civil Demand on the spot. The company wants them to collect as much as they can on the spot from the shoplifter to save them the overhead of sending it to their lawyers and collection firm. They push the LP to collect then and there.


Also, what is your background? What do you do for a living? Are in you security?
I have been in LP/Security for 15 years. I have done the LP Agent position, I have been a single store supervisor, multi store supervisor and a district manager all for LP/Security. Right now I am an investigator for a major retail company. The admin and I have both been in the LP/Security business for years and know each other professionally very well. We are here to assist and not judge, but that means we need to be told 100% the truth. We will not give out specific store policies, but general best practices and advice that can be beneficial since we have both processed thousands of shoplifters and dishonest employees - incuding dishonest LP.
 
worriedinPA said:
Admin said:
Norman and myself have both ran Loss Prevention departments and/or consulted for major retailers.

So are you guys incentived by the amount you save a retailer? Is this part of your compensation package?

My compesation is not based on how much we save the company from shoplifters/dishonest employees but by how much we reduce the shrink each year. I could catch ZERO people and still get a bonus as long as my shrink dollars and percent dropped.
 
worriedinPA said:
Plus, this store is 10-15 minutes from one of the worst sections of Philadelphia. I'm sure the folks that get pulled aside from this area take a real beating and it just becomes standard operating procedure at this mall.

What do you mean? A real beating? Also what does this have to do with your case?


Based on this individual's strong desire to get me to sign this type of paperwork and the amounts he put forward, it just didn't add up to me.

Their manager probably wants their paperwork to be complete. He should have explained it in detail if you had any questions.

Again, there appears to be way too much room for foul play here. These are high school graduates at best, making maybe $10-$15/hr.
I know many companies that require their LP to have bachelors degrees. Also, they make alot more than $15/hr. I know many companies (mine included) that pay their LP $40,000 plus a year which amounts to approximately $20/hr. Most LP departments are professionally run. How were the LP dressed?




Based on your feedback, it clearly is in their financial interests to drive down this shrinkage rate. How do they do this? They add more things to the mix while we are being detained... I know the amount we brought into the store was no more than $400. This figure almost doubled!! Very troubling....

If they were to "put stuff in your bag" then they would need to find the things you handled on the videotape. From your statement, you weren't in the store that long. Have your lawyer subpoena the evidence pictures and the video tape.
 
Lets not get bias here. The education of the arresting officers has nothing to do with this if they followed the "steps" most retailers demand LP use before arresting suspected shoplifters. I agree with Norman have your Lawyer seek the video and any other evidence against through the discovery process
 
I am uncertain of the age of this graph but the changes to make it current (if required) are minor. As you can see shoplifting is not the bulk of any stores shrink number. To focus on shoplifters would be foolish on any LP department.

theft_graph.jpg
 
Thanks for all the comments. I have 2 meetings this week. I called several firms today, got some references from an attorney I know, and narrowed it down to 2 attorneys. So, I really don't have any more information to share at this point other than the concerns I previously outlined. I certainly realize the seriousness of this situation and would never go about this alone. Just extremely frustrating given the circumstances.

One of the prior questions you had was 'how were they dressed?' Both were very casual. Perhaps this particular organization places people throughout the store as "shoppers". I really don't know. The one attorney I spoke to today said that he will review the video surveillance to see what they actually saw. From there, we can determine an appropriate defense strategy. Makes sense to me.
 
worriedinPA said:
I have a very good paying job, high profile, with a lot of responsibility. I don't need to steal things.


Every shoplifter I arrest tells me this or something like this.
 
worriedinPA said:
Cute... must be a slow night in detective land...


I think its funny how defensive shoplifters get when they get caught. How fast they want to attack someone for doing there job. WE ARE TRAINED WELL. I dont know any lps who would risk their job by planting merchandise on somebody. On top of the civil case that could come out of it? Its pointless. I stop people from philly all the time, everybody has the same story. Look, you got caught, deal with it. You think you are entitled to something for free because it costs too much, or you cant afford it? Tough.
 
worriedinPA said:
Cute... must be a slow night in detective land...


Awww, is the theif offended? Sorry, you have to earn my respect, its not something you can STEAL.
 
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