Shoplifting, Larceny, Robbery, Theft Detained on assumption of shoplifting, got ticket from Police

[Princetonbay12]

Was in one of a department stores in an outside mall/outlets. I brought inside my open handbag clothing from home. (This must have been noticed by a rude store associate I was dealing with). I picked up various clothing merch that they carried, & tried some things on. (shopping normally) I went to make a purchase of one item. At register they would not allow me to use my fiance's debit card without him there. I was angry, dropped item on register & went to leave. Store closed 3 minutes earlier, & doors were locked. 2 associates wouldnt let me leave. When I said they were wrong, the heavyset guy stood in front of me, bumped me back with his chest, & put his hands on me (inside store). When he grabbed my arm, he scratched me with his keys, left visible scratches on my arm that I didnt notice until I was at home. I then went with them to back room. At that moment I requested they call police. The lady said "Okay We will". I sat in back room for approx 30 min. while they questioned me. Searched my wallet. He wanted to know how much $ I had he stated. I asked them where PD was, & said not called yet! And that they want me to empty bag first. They didnt allow me to touch my phone, yelled at me when I tried. They didnt call PD until approx 30 min. later! I finally told them they were wrong, & pulled out clothes that didnt belong to them, & said that I own those clothes. (One lady agreed that they didnt carry those brands.)They had another sales assoc. bring their merch. back amd forth to back room 4 different times, and tried to tell me I had stolen those items, and LIKE items a prior time. I laughed at them, & said no I didnt. I heard them talking to each other to try to find other things- ie: sensors, tags. They didnt come up with any. They seemed in a frenzy & out of the blue the LP guy said that he "didnt have to show me anything, or video proof". When PD finally arrived, he asked me why I would bring clothing inside my bag. I said it was stupid, but I did it all the time (had a date initially I was meeting at mall resturaunt, but couldnt even contact since they screamed at me everytime i went to touch my phone- also why I had change of clothes in my bag-more embarrassing, they were sexy clothes). LP pointed to clothes they pulled from front while I was there, & told PD I "stole" those. I didnt agree. Amount was $499. PD read my rights, & wrote me ticket for Petty Theft. I am innocent, & I cannot have any ticket on my otherwise clean record. I almost called heads of depart. store and put in complaint but havent yet. Thinking about it now, I want to beat the hell out of those a---hole associates. I know they dont have evidence, innocent. What should I do next? Also- is it possible that they have video recording in LP room where I was kept? Because they didnt follow rules, & see me asking for them to call PD & them denying me that right?

 

[mightymoose]

It is not the job off the police to determine guilt or innocence, that is the job of a jury. The officer doesnt appear to have done anything wrong and was obligated to take the report if the store insisted.
Appear in court at the time listed, request an attorney to represent you, and plead not guilty. If the store has evidence it will have to be presented in court. If there is not enough evidence the DA will not prosecute the case and it will be dismissed.
Your concerns about how you were treated should be relayed to your attorney. It is unlikely there was video in the room where you were taken. You will want to find out if the employee made a citizen arrest or not. If not, you might have a course of action against the employee and the store for false arrest/imprisonment. You were locked in the store, assaulted, and held against your will long before police were contacted. It would be interesting to learn the time the police received the call compared with the closing time of the store.
If you can afford an attorney you should seek one out prior to appearing in court.

 

[Princetonbay12]

Yes, i would like to know how I can go about finding out exactly what time the store employees finally made the call to police. I did my research and now know exactly what time I was stopped and first detained by store employees. Though everytime I went to reach for my cell phone, they got upset and told me not to touch it, I dont know what time it was when they made call. (They were afraid I was recording them, he said).
Also- now I must hire a lawyer, & spend my money to deal with this error from overzealous LP. (I am afraid that a public defender is not going to defend me well-this was a suggestion by a friend of mine, so tell me if I am wrong about this).
I was told to make complaints within the store/ company, and Better Business Beurau, but I dont see how doing this will get the LP and or store associate reprimanded in any way. (This was suggested by PD when I went later that night to make a report on minor injury that he did to me). (No report was taken, just a copy of call I had done) Also, it was suggested to me to file a claim against them at County Courthouse. (Will this do me anygood?) And should I call Department Store Lawyer to explain what had happened? I heard that they could drop charges, sometimes give "swag" and I would not even have to obtain a lawyer & go to court at all. I dont want anything of this sort showing up on my record/ history in anyway, I am an RT, applying for a new job next month, & any law issues can jeopardize my RT license. I appreciate your time and thank you for listening/ answering.

 

[Princetonbay12]

I know police didnt do anything wrong, I understand it was his obligation to write ticket according to what he was told by LP and store associate. But while officer was inside room with us, he and store associate (who accused me) seemed buddy-buddy. Saying their hellos, and asking how each others signifigant others were doing, shaking hands, almost like reuinion. (He was mall police). Does same police officer appear in court on my court date? Worried that officer could side with store associate to not have associate lose job if I do make complaints with corporate. I know corp would want to know about such incompetent employees, but for the reason above, should I hold my complaints until after court date?

 

[mightymoose]

If you hire your own attorney you will have to pay upfront, but should you win a claim the court could order you to be reimbursed. You can discuss that with an attorney. You can get an initial consultation for free, or at least for minimal cost, to review your issue and determine how to proceed.
A public defender may do just fine for purposes of defending the theft, but if you want to do anything more you will need a private attorney.

I'm not going to say you have a good complaint to make, but as you describe it I see issues that could be worth looking further at. The LP guys are often just trying to do their jobs, but they are liable for their actions when they go too far.

I wouldn't contact the store or do anything at all without speaking with an attorney first. Whether it is a private attorney or the public defender, they will know how to get all the information they need to assist you further.

 

[shrinkmaster]

I can tell you that the LP community has guidelines they "must" follow before making a shoplifting stop. If your story went as you said this was not done. It also seems the stop was made by someone other than LP. Yes you have a clear "bad stop" here as no merchandise was recovered in addition Police cited you base don store request so remove Police from any complaint they are not the arresting party store is as MM says. As MM says you need an attorney. Problem is that the cost to fight the charge will exceed the cost if you just plead guilty or no contest. Once you win your case (Unless DA drops it for lack of evidence) then you have a civil action you can take. Gaining any reward will take a year or more in mean time your Attorney for the civil case will want to be paid unless you find one who will take case on contingency. I agree its unfair and you were mistreated and the time and trouble you will now have to take along with the money for this. I have worked and consulted in the LP profession a very long time and no typical LP procedures were followed in this stop and you have an excellent case. Again though getting it resolved will take some time and possibly some money. If your lucky you and your Attorney can get DA to look at case and drop charges