Shoplifting, Larceny, Robbery, Theft Shoplifted at major store in Ga. 19 first offense

[wesd25]

Last month I was arrested for shoplifting a video game. It was the worst decision I ever made. Was looking to return it to get gas money to get home. I took the item to the restroom and removed it from the case. I did not leave the store. I changed my mind and removed the game from my person. A secret shopper saw me conceal the game and informed the manager. They found the case in the bathroom and came to find me. They violated two secret shopper/company policies. 1- They searched me in public. 2- They got me for shoplifting without me leaving the store. They did not find the game on my person. However, I was convicted of shoplifting. I spent 28 hours in jail before being bailed out. I have court next week and not sure what to do. I plan to talk to a public defender of course. I thought of a pre-trial diversion but with the policies of the store being broken I am thinking of bringing it up. I did not leave the store therefore I did not shoplift due to laws I looked up. Should I fight this? I have no problem facing punishment for my actions. However, if the crime was not committed, I think I have had enough punishment with jail time. The store is now trying to say they also found the disc on my possession which is untrue, however, it is my word against theirs. What do I do? Someone please help. I am 19. This is my first offense in any way, shape, or form.

 

[thelawjournal]

You have some misconceptions here. Concealment alone is a crime.

Now on to some other issues.
1. Where is it unlawful to search you in public? Answer is its not
2. See GA law

Store breaking your assumed polices does not change fact you actually store and store has evidence of such. You may certainly fight charge but if you do and lose Diversion will not likely be on the table

 

[wesd25]

I definitely agree with all of those statements. I have spoken with managers of the major store including the district manager. He is the one that told me the secret shopper can not search me in front of other customers and was supposed to take me to the loss prevention area. He also stated that if I did not leave the store then I could not be convicted of shoplifting in this case. Concealment is a definite. He has agreed to make a statement at court if needed. That is where I get confused. I'm prepared to just take the diversion but a strong source like that I am not sure. Regardless my main concern is the store saying they found the game on my possession which I did not find out until I read the police report. It was not on my person and there is no evidence of such. Just evidence that I concealed. I don't want to plea to a charge I did not commit. It's hard to explain. I did it, but I didn't.

 

[thelawjournal]

Read the law I provided! Concealment is crime (the same crime theft) Now you can agrue you did not steal it but you cant argue you concealed it. If you fight charge and lose expect Judge to throw the book at you. You can also expect the price to fight charge to far exceed the cost of Civil Demand and court fines in total. Now I have not seen video but if it has you concealing your screwed along with finding packaging in restroom. I suggest you talk to some Attorneys about this. Many offer free consultations

 

[rtfjason]

a secret shopper didn't stop/search you. we're called loss prevention agents.

as far as I'm concerned you can try to fight this, but the store seems to have enough on you.

 

[thelawjournal]

Just to clarify. A "Secret Shopper" is someone hired to act as a shopper by the store to see if employees are customer servicing and other things correctly. They then report to Store or Corporate their findings. They usually have specific things they look for. They do not arrest or detain shoplifters. That job goes by several names

Loss Prevention
Asset Protection
Security

to name three

 

[NormanJr]

Try and fight it. The worst that can happen is you get convicted. The best is that you get off. Who knows. The Secret Shopper might not even come to court. Talk with the States Attorney, they may agree that they don't have enough to prosecute. If they don't good for you. If they do, take diversion.

First things first, talk to a lawyer. Second, don't steal. Third who cares about company policy, your intent was there. Company policy doesn't mean anything to you - only to the employees who broke it.

 

[StoreDetectiveVet]

Last month I was arrested for shoplifting a video game. It was the worst decision I ever made. Was looking to return it to get gas money to get home. I took the item to the restroom and removed it from the case. I did not leave the store. I changed my mind and removed the game from my person. A secret shopper saw me conceal the game and informed the manager. They found the case in the bathroom and came to find me. They violated two secret shopper/company policies. 1- They searched me in public. 2- They got me for shoplifting without me leaving the store. They did not find the game on my person. However, I was convicted of shoplifting. I spent 28 hours in jail before being bailed out. I have court next week and not sure what to do. I plan to talk to a public defender of course. I thought of a pre-trial diversion but with the policies of the store being broken I am thinking of bringing it up. I did not leave the store therefore I did not shoplift due to laws I looked up. Should I fight this? I have no problem facing punishment for my actions. However, if the crime was not committed, I think I have had enough punishment with jail time. The store is now trying to say they also found the disc on my possession which is untrue, however, it is my word against theirs. What do I do? Someone please help. I am 19. This is my first offense in any way, shape, or form.

I LOVE armchair Lawyers!

Let me set some stuff straight for you Perry Mason:
1- They searched me in public.
We can, and do do that all the time.
2- They got me for shoplifting without me leaving the store
In some states concealment is a crime, as is damage to property, which you did by removing it from its case

You decided to play an adult game, time to deal with the adult charges, don't try to weasel out just because you think they broke the "rules", you started the game when you tried to steal.