I was arrested for shoplifting. They have video of me going into a bathroom with a hand basket with stuff and leaving without stuff in the basket. The police shortly afterwords arrested me, and searched me, specifically my backpack(as the security guard said the stuff was in there). They found nothing on me. After a short period at the police station I was release with a PTA. What are the chances of conviction(I have no priors and I am an adult) as I did not have the merchandise and I was not seen taking anything.
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Shoplifting, Larceny, Robbery, Theft Charge with petty shoplifting, did not have items nor was seen on vid
- Thread Starter Kefka
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mightymoose
Moderator
If this were to go to trial I would say the chances of conviction are excellent.
You will surely have opportunity to meet with an attorney prior to that and something else will be worked out.
Hopefully you didn't give the items to someone else in the restroom because that could result in additional charges and possibly a felony.
The bottom line is that you took the items, concealed them, did not pay for them, and they are gone. Easy conviction. Work with an attorney and find a better way out of it.
You will surely have opportunity to meet with an attorney prior to that and something else will be worked out.
Hopefully you didn't give the items to someone else in the restroom because that could result in additional charges and possibly a felony.
The bottom line is that you took the items, concealed them, did not pay for them, and they are gone. Easy conviction. Work with an attorney and find a better way out of it.
I wonder about the lack of video for concealment and when searched having nothing on me.
shrinkmaster
Well-Known Member
You clearly do not understand the law on this matter. As stated based on your post that they have enough to convict you even without the items. Now you have not detailed what happened or what happened to items and it would be unwise to post that info on public forum. I also do not see anywhere where this happened (state) as laws vary. You can get your states laws here http://www.shopliftingprevention.org/shoplifting-laws/idaho-shoplifting-laws.html#state or here http://retailtheftanswers.freewebsite.com/index.html one thing is for sure you need to talk to a Lawyer!
shrinkmaster
Well-Known Member
Have you seen video? Was Loss Prevention on floor watching as well? There is much we don't know or your not saying. I work retail theft and there are guidelines to making a shoplifting stop so its unlikely they lack evidence
Betty3
Well-Known Member
Probably Connecticut which is listed as jurisdiction & listed as state before thread name under new threads.
shrinkmaster
Well-Known Member
Connecticut Shoplifting Laws
Sec. 53a-119.
Larceny defined.
A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. Larceny includes, but is not limited to:
(1) Embezzlement. A person commits embezzlement when he wrongfully appropriates to himself or to another property of another in his care or custody.
(9) Shoplifting. A person is guilty of shoplifting who intentionally takes possession of any goods, wares or merchandise offered or exposed for sale by any store or other mercantile establishment with the intention of converting the same to his own use, without paying the purchase price thereof. A person intentionally concealing unpurchased goods or merchandise of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such article with the intention of converting the same to his own use without paying the purchase price thereof.
Sec. 53a-119a.
Shoplifting and library theft; detention, questioning, presumption of crime.
(a) Any owner, authorized agent or authorized employee of a retail mercantile establishment, who observes any person concealing or attempting to conceal goods displayed for sale therein, or the ownership of such goods, or transporting such goods from such premises without payment therefor, may question such person as to his name and address and, if such owner, agent or employee has reasonable grounds to believe that the person so questioned was then attempting to commit or was committing larceny of such goods on the premises of such establishment, may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such owner, authorized agent or authorized employee pursuant to the provisions of this section shall promptly identify himself by name and address. No other information shall be required of such person until a police officer has taken him into custody. For the purposes of this subsection, "reasonable grounds" shall include knowledge that a person has concealed unpurchased merchandise of such establishment while on the premises or has altered or removed identifying labels on such merchandise while on the premises or is leaving such premises with such unpurchased or concealed or altered merchandise in his possession.
(b) Whenever an employee or authorized agent of a library facility, as defined in subdivision (12) of section 53a-119, has reasonable grounds to believe that a person (1) is removing or is attempting to remove, without authority, a book or other archival library materials, as defined in said subdivision (12) of section 53a-119, from a library facility or (2) is intentionally mutilating, defacing or destroying a book or other archival library materials, such employee or authorized agent may question such person as to his name and address and may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such employee or agent shall promptly identify himself by name and address. For the purposes of this subsection, reasonable grounds shall include knowledge that a person (A) has concealed a book or other archival library materials while on the library facility premises or is removing such book or material from the library facility premises without authority or (B) has mutilated, defaced or destroyed a book or other archival library materials belonging to or deposited in a library facility.
(c) In any civil action by a person detained under the provisions of subsection (a) or (b) of this section against the person so detaining him or the principal or employer of such person arising out of such questioning or detention by any such owner, agent or employee, evidence that the defendant had reasonable grounds to believe that the plaintiff was, at the time in question, committing or attempting to commit larceny or mutilating, defacing or destroying a book or other archival library materials shall create a rebuttable presumption that the plaintiff was so committing or attempting to commit larceny or mutilating, defacing or destroying a book or other archival library materials.
Transgression of this statute results in merchants inability to assert statutory privilege in a civil proceeding but does not require exclusion of evidence in a related criminal prosecution.
39 CS 392, 394-396
Sec. 53a-119.
Larceny defined.
A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. Larceny includes, but is not limited to:
(1) Embezzlement. A person commits embezzlement when he wrongfully appropriates to himself or to another property of another in his care or custody.
(9) Shoplifting. A person is guilty of shoplifting who intentionally takes possession of any goods, wares or merchandise offered or exposed for sale by any store or other mercantile establishment with the intention of converting the same to his own use, without paying the purchase price thereof. A person intentionally concealing unpurchased goods or merchandise of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such article with the intention of converting the same to his own use without paying the purchase price thereof.
Sec. 53a-119a.
Shoplifting and library theft; detention, questioning, presumption of crime.
(a) Any owner, authorized agent or authorized employee of a retail mercantile establishment, who observes any person concealing or attempting to conceal goods displayed for sale therein, or the ownership of such goods, or transporting such goods from such premises without payment therefor, may question such person as to his name and address and, if such owner, agent or employee has reasonable grounds to believe that the person so questioned was then attempting to commit or was committing larceny of such goods on the premises of such establishment, may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such owner, authorized agent or authorized employee pursuant to the provisions of this section shall promptly identify himself by name and address. No other information shall be required of such person until a police officer has taken him into custody. For the purposes of this subsection, "reasonable grounds" shall include knowledge that a person has concealed unpurchased merchandise of such establishment while on the premises or has altered or removed identifying labels on such merchandise while on the premises or is leaving such premises with such unpurchased or concealed or altered merchandise in his possession.
(b) Whenever an employee or authorized agent of a library facility, as defined in subdivision (12) of section 53a-119, has reasonable grounds to believe that a person (1) is removing or is attempting to remove, without authority, a book or other archival library materials, as defined in said subdivision (12) of section 53a-119, from a library facility or (2) is intentionally mutilating, defacing or destroying a book or other archival library materials, such employee or authorized agent may question such person as to his name and address and may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such employee or agent shall promptly identify himself by name and address. For the purposes of this subsection, reasonable grounds shall include knowledge that a person (A) has concealed a book or other archival library materials while on the library facility premises or is removing such book or material from the library facility premises without authority or (B) has mutilated, defaced or destroyed a book or other archival library materials belonging to or deposited in a library facility.
(c) In any civil action by a person detained under the provisions of subsection (a) or (b) of this section against the person so detaining him or the principal or employer of such person arising out of such questioning or detention by any such owner, agent or employee, evidence that the defendant had reasonable grounds to believe that the plaintiff was, at the time in question, committing or attempting to commit larceny or mutilating, defacing or destroying a book or other archival library materials shall create a rebuttable presumption that the plaintiff was so committing or attempting to commit larceny or mutilating, defacing or destroying a book or other archival library materials.
Transgression of this statute results in merchants inability to assert statutory privilege in a civil proceeding but does not require exclusion of evidence in a related criminal prosecution.
39 CS 392, 394-396
I have not seen the video, but as I said they saw me go in the bathroom with stuff in basket and go out without it, they could not have seen any concealment(had any taken place) as there are no cameras in the bathroom and no one else was in there. Then when searched by police they found no items on me(nor in the bathroom).
shrinkmaster
Well-Known Member
You did conceal you went into bathroom which might be past last point of sale which meets criteria. Whose to say items were not found in bathroom or there wrappings? There are too many unknowns you need a Lawyer. I have been catching shoplifters for years with less than your story and still had slam dunk case
mightymoose
Moderator
The moment you carried those items into the restroom they had enough to get you. You don't have a way out of this on a technicality, and you aren't trying to argue that you didn't do it either. You got caught.
shrinkmaster
Well-Known Member
Listen both MightyMoose and myself are use to dealing with situations like yours please listen. You can of course fight this however the cost will exceed any fine but talk to an Attorney that Attorney can access whether or not you have a case to fight this
disagreeable
Well-Known Member
The point you are not getting is they can prove you took the items into the bathroom. They can prove you did not bring them back out. You either were part of a transfer conspiracy or a trash can conspiracy. Regardless, you did not make the goods reappear.
army judge
Super Moderator
OP, nothing more will be accomplished here.
You are entitled to make the state prove their case.
You don't help yourself by ADMITTING or SAYING anything.
So, plead NOT guilty, hire a lawyer (or ask the court to appoint one), then shut up.
It's best to know nothing about nothing, and say nothing about nothing.
Then you work with your lawyer to prepare your defense.
In the interim, stay out of any additional trouble.
Sent from my iPad3 using Tapatalk HD
You are entitled to make the state prove their case.
You don't help yourself by ADMITTING or SAYING anything.
So, plead NOT guilty, hire a lawyer (or ask the court to appoint one), then shut up.
It's best to know nothing about nothing, and say nothing about nothing.
Then you work with your lawyer to prepare your defense.
In the interim, stay out of any additional trouble.
Sent from my iPad3 using Tapatalk HD
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