Shoplifting, Larceny, Robbery, Theft False Accusation of Theft, very worried how this may effect my future

F

FutureNurse

New Member
I live in Colorado and shop at a store called (deleted). I was shopping at a location I don't ordinarily go to when this happened. I had completed most of my shopping and was at the front of the store when I thought about purchasing firewood for a get together for a friend's recent birthday who has a fire pit in the mountains. I pushed my cart just barely out the door and looked to the left to see if there was any firewood outside at the store front. I was immediately approached by the store's security guard and I told him "sir I am not done shopping, I was looking for firewood, I have bought firewood outside at other (deleted)". He did not give me a moment of explanation, accused me of stealing groceries. I tried explaining that I was looking at the front of the store to see where the firewood was and wanted my cart to help load it up, but he didn't listen and corralled me into the security office where he proceeded to call the cops on me all without having an actual conversation with me.
The police were called and I was given a ticket that specifies the court date. The security guard was a bit of an asshole, but the cop was OK, he compared the ticket to a traffic ticket. I'd love to believe him, but am really quite worried about how this might effect my future. I have strong values and have never been in trouble with the law so I feel really clueless as to what my next steps should be. I plan to go to nursing school and having a criminal record of theft I believe would jeopardize my future goals. I am very worried at the penalties as I have read a misdemeanor 2 includes jail time and a hefty fee. More than anything it feels awful to be accused of something I did not do. There is really no evidence that I can think of that I shoplifted, just a small push of my cart of groceries just outside the door to look for firewood, my back 2 wheels of the cart may very well have been still in the store when I as approached.
So here are my questions:
1: Should I hire a lawyer (must add I don't really have the ability to hire one, but if this is necessary then maybe I could find a way)?
2: Should I/Can I instead represent myself? If so, how should I prepare? If anyone has experience with representing themselves against a misdemeanor any experiences you share are really appreciated.
3: What sort of penalty do first time offending shoplifters usually face?
4: What do I need to do/prove that I had no intent of shoplifting and that I was just looking for firewood! I am so blown away by how all of this happened. I have a court date and no-one to talk to and very little resources. I know myself well and have strong values I live by, so such an accusation is very damaging to my spirit. I really just need a clue as to what it is I need to do/say/prepare for…
Please any help, advice, shared experiences, recommendations, do's and don'ts are very appreciated! Thank you and hope to hear your thoughts. I am losing sleep over the fact that my future could be jeopardized from something I have been falsely accused of. Any information may help me obtain some peace of mind. Thank you so much.
 
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As you've seen, once you've stumbled or bumbled into the trap, no one believes you.
By the way, that's why we ALL have the right to remain silent.
Furthermore, silence is a very effective ally, use it.
There are many threads on this forum (plus all over the Internet) advising others who've also been caught up in the big, old, bad, BOOSTER trap as to how to proceed.
I'll shorten it or you:
STOP blabbing, no one will believe you now
Be patient, stay out of more trouble
Appear as instructed on the citation
Plead NOT guilty
Admit to NOTHING
Request a public defender, if you qualify, otherwise hire a lawyer
The three things you don't want to do is confess, plead guilty, or explain.
Now you lay low and wait.
 
I removed the name of the store for your protection.

As suggested, obtain a lawyer. If you cannot afford one, ask the court if they will appoint you a public defender. (Speak only to the lawyer or public defender about this.) He/she will go over your options with you & answer any questions you might have.
 
There is no real evidence that you DIDN'T shoplift, either. And if I were arguing either side of the question, I'd be more comfortable taking the position that you did. You pushed a loaded cart outside without paying, why on EARTH did you imagine no one was going to stop you?
 
I am a retail theft consultant and answer questions like yours daily. Before you proceed in any "accidental shoplifting" defense I suggest you read this. http://www.parentnook.com/accidental-shoplifting/ Now to answer your questions.
1: Should I hire a lawyer (must add I don't really have the ability to hire one, but if this is necessary then maybe I could find a way)?
Yes you need a Lawyer your facing criminal charges and criminal record

2: Should I/Can I instead represent myself? If so, how should I prepare? If anyone has experience with representing themselves against a misdemeanor any experiences you share are really appreciated.
Very bad idea!!

3: What sort of penalty do first time offending shoplifters usually face?
Its not about what you can make happen this is why you need a Lawyer. Ask about ACD or Diversion to protect your record

4: What do I need to do/prove that I had no intent of shoplifting and that I was just looking for firewood! I am so blown away by how all of this happened. I have a court date and no-one to talk to and very little resources.
Read link above. The burden of proof lies with DA
 
Shrinkmaster,
Question if i may... What about these stores that have outside area for stuff. You pull into the parking lot and see this massive display of sod, grass seed, plants, trees etc..etc... So you go in to buy lets say printer ink and lawn garden items. So you go pick up the printer ink and proceed to go outside to get the remaining items. At what point is that considered theft? I am asking this question because i have done this... :) Since i have a spinal injury and the meds i take sometimes i forget. The main reason i went to the store was the printer ink. Then i thought... i might as well get some yard stuff while i am here. Now no one said anything to me. I got the lawn stuff paid for it at the out door garden area. They did have to get someone to open the protective case around the ink. The alarm also went off as i pushed the cart thru the outter doors. but those alarms fail often. But... at what point can they say you stole that item? I don't see how they can prove you were going to steal the item as well. Since there is a huge outdoor garden center in the parking lot. No one can say what the operation of someone else's mind is. I think this would be easy to beat in court.... without signs stating... otherwise.
 
I resolve that problem by getting the outside items FIRST and taking them into the store with me. There's also the option of leaving the cart inside by the registers, telling the cashier and/or greeter at the door, "I'm going outside to get some firewood; I'll be right back - that's my cart over there, please watch it for me", going to get your outside items and coming back in with them.

Pushing a loaded cart outside without paying or explaining is handing the store a silver platter with a card on it saying, "Please consider me a thief".
 
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This is actually a common question. What is and is not theft varies as each state defines theft in a different way. Suffice it to say it you pass the last point of sale and you have unpaid for merchandise its theft. Now how to you sleet merchandise for sale on display outside of store or pass the last point of sale? You have options.

. Leave unpaid for items inside store while you browse those items
. Pick up those items before entering store
. Ask an associate to get items when you purchase what you have an ad to your items your buying.

Many shoplifters use this as excuse to attempt to steal so the innocent also deal with these consequences. Example I want to steal printer ink I walk out store with printer ink and I am caught. I tell the person stopping me I am not stealing I want to buy some firewood on display in front of store. Now had I not been stopped I would have continued to my car. I purchase items on display outside myself fairly often. I always ask the cashier to please ask an associate to get me the item outside I want to buy. I have never run into a problem doing this. Its no different then asking for booze, medicines or, cigarettes which are often under lock and key and placed away from registers
 
I never (to be on the safe side) push my cart outside with unpaid items in it to get additional items. Why take chances.
 
I use the cart as a walking aid. I also fully understand that is the Implied Intent to steal the item. Implied... Can you be arrested for speeding up? Can the officer state.... I know your going to go X over the speed limit so i stopped you now? Is there a shopping guideline that states... One must purchase all outside items prior to entering the store? Is there a sign that states... If you need anyone of the 500 items we offer for sale outside ask the sales person for it. In my case... I have a lawn that could be in the Home/Gardens maz.. So there are Scotts brand, Walmart brand, X brand of soil. There are 5 pound bags, 10 bags... So you don't know what is in inventory. So you choose to walk thru the section... plus the famous impluse buy. Oh... I forgot i needed this or that. It really just seems like a big grey area to me... I don't see how it would stick unless there is signs up stating... If you wish to purchase anything from our outside displays please leave shopping items at the door or ask someone to help you. I didn't think implied thoughts were grounds to be charged for a crime.
 
You complicated a simple issue. If you pass the last point of sale with unpaid for merchandise you can be assumed you might be trying to steal. It happens all the time and honestly common sense might make one concerned to take merchandise out door.
 
shrinkmaster said:
You complicated a simple issue. If you pass the last point of sale with unpaid for merchandise you can be assumed you might be trying to steal. It happens all the time and honestly common sense might make one concerned to take merchandise out door.
Click to expand...

Agree. How would they know who is trying to steal & who is just getting additional items & will pay for all. They generally assume a steal. Why take the chance?
 
Fully understand what your saying.. I hate people that steal... With that being said... does that mean if you wish to buy stuff in the parking lot you can load it up in your truck and walk inside to pay for it? Since there isn't a point of sale out there? I just don't see how you can charge someone with stealing when you have the outdoor display area. without having signs stating otherwise. I don't think it would stick... You can't arrest someone on assumed charges.. Well... since he walked out the door heading to the lawn and garden display he was going to steal. I think any good lawyer would get you out of such a charge.
 
Every place I've ever shopped that had an outdoor display either had a point of sale specific to the outdoor display, or they expected you to put the outdoor stuff in your cart and take it inside with you. I have never seen a situation where it was considered okay to take your cart, loaded with inside goods, to the outdoor area without paying first.
 
I'm just saying why take a chance on being detained for shoplifting - I wouldn't.
 
I agree. When I shop at a store with outdoor displays, I always plan my shopping trip so I pick up the outdoors items and then take them inside to finish my shopping. I think even if I remembered that there was something outside I wanted and I already had a cart full of stuff, I'd pay for the items I already picked up, take them to my car, and then go get the outdoor items and take them back inside to pay for them. Not the most efficient way to do it, but much better than being suspected of shoplifting, in my opinion!
 
Many stores with items for sale outside place security personnel and/or associate in same area. rule of thumb would be if you do not see a point of sale (register) then don't take items outside
 

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