Shoplifting, Larceny, Robbery, Theft Citation for alleged shoplifting. What do I do?

tulips742

New Member
Jurisdiction
West Virginia
Both my niece & I were written citations for 'alleged' shoplifting. It's a little confusing, but here it is...

My adult niece & I were shopping in Walmart last week. I had put some things in my cart including 2 cans of baby formula, then we headed to the baby aisle to get diapers (we also had her 3-month-old baby with us). While in the baby aisle, I decided I wouldn't be able to afford the formula so I took the 2 cans of formula out of my cart & put them on top of the strollers (I often have buyers remorse & put things back on a shelf wherever I am in the store). My niece was behind me in the aisle & she said "I'll get them", & she put the 2 cans of baby formula in her purse. This was not her first time doing this but it was the first time she did it so close to me, which made me really uncomfortable. She told me there are no cameras in the baby aisles. But as we circled around, she said there was an undercover LP a couple aisles away that might have been able to see the back of her. We went to the checkout & I paid for my items. As we were getting close to the exit doors, a short, dark-haired man came up from behind & started walking beside my cart with his hand on the cart. He didn't identify himself, & I swear I couldn't understand a word he said because he was sort of mumbling quietly. I looked up at my niece who was passing through the exit doors & she said "Just keep going". He then stood in front of my cart, stopping it, & I just looked at him & said "WHAT are you doing?", like he was off his rocker or something. He then stepped aside & I walked out. As I was walking, I heard him say "If you leave it's gonna be a lot worse for you!" By this time I was outside & my niece was waiting by the car, but this is when I figured out he was trying to stop us for the shoplifting! My God, I thought I was going to vomit I was so scared, but we were already at the car & she kept saying "Let's go! Let's go!" I drove out of the parking lot & headed home. OMG I was so sick to my stomach & shaking like a leaf. She took the formula out of her purse & put them in the diaper bag. And wouldn't you just know it, about a mile down the road we passed the police car that was apparently on they're way to Walmart for this. The LP obviously gave them the description of my car. So they pulled me over & asked me to get out. Over the next 30-40 minutes, they tried to get us to admit we shoplifted, but my niece wouldn't do it. They searched my car & asked about the formula in the diaper bag. They said that the LP said he saw us take 2-4 cans of formula. (Huh?) I said to them "I did not take anything & I did not see her take anything", which was true. They also took out a few other items from my car (a brand new pack of urinary incontinence items which I always carry in my car for emergencies, a 3-pack of iced tea spoons which I had in the car to take to my sister's for root beer floats, & a pack of gel pens which were my niece's). So finally one of the officer's said "Well if you (meaning my niece) aren't going to admit it, your aunt is gonna get in trouble too". I wanted her to come clean so I wouldn't get into trouble, but she didn't....& I wasn't going to say anything. So the officer's wrote each of us a citation for shoplifting, plus another one for me because I had a cracked windshield & a dead inspection sticker. We have to appear in court in 2 weeks.

I'm just wondering what will happen because I'm sure they couldn't have her/us on camera, PLUS what could that LP possibly have seen from behind her 2 aisles away? Don't they HAVE to have it on camera? Geez I don't know. I'm a nervous wreck....I've been so sick about this since it happened. And believe it or not, it was on my birthday! Needless to say, I will NOT be taking her to the store anymore!

Any advice would be very much appreciated!!
 
You both might want to get lawyers & speak only to the lawyers. If you can't afford a lawyer, when you go to court plead not guilty & ask for a public defender (a PD is a lawyer). You can discuss your options with the lawyer/PD.
 
I am a Retail theft consultant and answer questions like yours daily.You are just as guilty of theft because you were present during the theft and admit to having some knowledge of this theft or others. In fact you should not have named store or items taken as this could be an admission. Answer NO POLICE QUESTIONS with an Attorney!
 
To be clear, it was not your presence when your niece stole the items but your knowledge of it and willingness to go along with it that involved you criminally.
Even here you first say it made you really uncomfortable when she put the items in her purse, then later comment that you didn't see her take anything. Your desire to protect her from her crime has made you part of it.
I can't say with certainty, but I'd bet there are few Wal-Mart stores with significant blind spots. This most likely was captured on camera, but no, video recordings are certainly not a requirement.

As for your question of what to do... Show up to court, admit nothing, and request an attorney if you can't afford your own. Your attorney will help you from there.
 
You both might want to get lawyers & speak only to the lawyers. If you can't afford a lawyer, when you go to court plead not guilty & ask for a public defender (a PD is a lawyer). You can discuss your options with the lawyer/PD.
Thank you for the good advice.
 
I am a Retail theft consultant and answer questions like yours daily.You are just as guilty of theft because you were present during the theft and admit to having some knowledge of this theft or others. In fact you should not have named store or items taken as this could be an admission. Answer NO POLICE QUESTIONS with an Attorney!
Thank you for that information & your advice.
 
To be clear, it was not your presence when your niece stole the items but your knowledge of it and willingness to go along with it that involved you criminally.
Even here you first say it made you really uncomfortable when she put the items in her purse, then later comment that you didn't see her take anything. Your desire to protect her from her crime has made you part of it.
I can't say with certainty, but I'd bet there are few Wal-Mart stores with significant blind spots. This most likely was captured on camera, but no, video recordings are certainly not a requirement.

As for your question of what to do... Show up to court, admit nothing, and request an attorney if you can't afford your own. Your attorney will help you from there.
What I said was accurate... I DIDN'T see her take it, I just knew she did. And thank you for your good advice.
 
I am a Retail theft consultant and answer questions like yours daily.You are just as guilty of theft because you were present during the theft and admit to having some knowledge of this theft or others. In fact you should not have named store or items taken as this could be an admission. Answer NO POLICE QUESTIONS with an Attorney!
Here's another question....When I do get a public defender, do I tell him what knowledge I had of it? Or do I withhold that info from him? I don't know how honest one is supposed to be with their lawyer.
 
What I said was accurate... I DIDN'T see her take it, I just knew she did. And thank you for your good advice.


This says otherwise
" My niece was behind me in the aisle & she said "I'll get them", & she put the 2 cans of baby formula in her purse. This was not her first time doing this but it was the first time she did it so close to me,"

You go to court plead NOT guilty and request Public defender. You tell Public Defender everything he will then tell you how to proceed with case
 
Here's another question....When I do get a public defender, do I tell him what knowledge I had of it? Or do I withhold that info from him? I don't know how honest one is supposed to be with their lawyer.

A good criminal defense attorney doesn't want a client to confess.
If you feel the need to bare your soul, tell it to a religious official or mental health professional.

A good lawyer won't ever ask you if you're guilty.
If you said, yes, I stole the stuff.
Your lawyer can't aggressively protect your rights, arguing that you're cloaked in the presumption of innocence.

Let your lawyer ask the questions, you simply provide truthful answers.
 
A good criminal defense attorney doesn't want a client to confess.
If you feel the need to bare your soul, tell it to a religiosity or mental health professional.

A good lawyer won't ever ask you if you're guilty.
If you said, yes, I stole the stuff.
Your lawyer can't aggressively protect your rights, arguing that you're cloaked in the presumption of innocence.

Let your lawyer ask the questions, you simply provide truthful answers.
Thank you for your good advice.
 
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