This is a shoplifting problem or actually not really. We were in a department store buying things in Chicago. We couldn't find one of those baskets to hold stuff so my boyfriend put a small item in his pocket so we wouldn't juggle everything and drop it. We went to the register to pay and he must have forgotten about it. When we were going out of the store a guard came running and stopped us and then showed him that he had something in his pocket. We tried to explain but this guard was an idiot and accused him of shoplifting. He probably knew what was happening and needed something to show he was doing his job. We went to the back room and wasted time taking information for some shoplifting charges. My boyfriend told this guy that it was an obvious mistake and that he would write to the management but this security gaurd didn't care. After he took our information we were gone. What happens from here? Is this shoplifting problem criminal? I though the police have to get involved.
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Shoplifting, Larceny, Robbery, Theft Boyfriend shoplifting charge or not?
- Thread Starter violetta
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shrinkmaster
Well-Known Member
He put a store item in his pocket and tried to leave (intentional or not) without paying that is shoplifting. In fact in some states concealment alone is a crime. You both need to talk to Lawyers and decide what course of action to take. You can fight this but you will have a hard time convincing the jury he and you had no intent to steal item. Fighting this also cost you more than any fine court puts on you. Ask your Attorney about ACD or diversion as well
Betty3
Well-Known Member
The guard has probably heard that before. How would the guard know your boyfriend was telling the truth? A lawyer is definitely needed.
shrinkmaster
Well-Known Member
In Illinois the act of concealment alone is a crime
mightymoose
Moderator
He is going to get a letter asking him to pay a few hundred dollars as a penalty. If he doesn't pay it then they might make a criminal complaint. If it manages to go that far then he can try to defend himself in court. As it is, there is no criminal complaint and he can choose which way he wants to go with it.
He should have known better than to put something in his pocket. All that does is lead people to draw conclusions about his intentions. Looking at the Illinois law, it appears he won't get far with his argument as his intent to steal was implied once he tried to leave the store with the concealed item. In other states, under different statues, his intent to steal would have to be proven beyond a reasonable doubt and he might have a better chance to fight it.
He should have known better than to put something in his pocket. All that does is lead people to draw conclusions about his intentions. Looking at the Illinois law, it appears he won't get far with his argument as his intent to steal was implied once he tried to leave the store with the concealed item. In other states, under different statues, his intent to steal would have to be proven beyond a reasonable doubt and he might have a better chance to fight it.
cbg
Super Moderator
The idiot was not the guard, who stopped someone with an object in his pocket that he didn't pay for, but the one who put the item in his pocket and neglected to pay for it - oh, yes, I'm sorry - forgot - to pay for it.
The guard has heard that one before. The guard had heard that one before that same day.
PS - so will the judge. Have heard that one before the same day, I mean. Unless your forgetful boyfriend is the first case of the day.
The guard has heard that one before. The guard had heard that one before that same day.
PS - so will the judge. Have heard that one before the same day, I mean. Unless your forgetful boyfriend is the first case of the day.
shrinkmaster
Well-Known Member
CBB is correct the guard or Loss Prevention Officer has heard this countless times before. I work in retail theft field and often consult for both shoplifters and retailers and I can tell you that nearly every shoplifters says he/she "forgot" to pay. That defense will not work but feel free to ask a local Attorney
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