Shoplifting, Larceny, Robbery, Theft Shoplifting

[animegirl73]

My jurisdiction is: West Virginia

I have a good friend who was recently detained in a local Kmart. She admits to me she was in the process of shoplifting two video games and a movie to the tune of $60. She felt uneasy and decided to drop the items. She left them on the shelve and went to the restroom, and then that is when she was detained. The man told her that she is going to be fined and she could not go into any Kmart or Sears stores forever! He also had an employee go in the bathroom after her and pull the trash. There were other items that had been stolen by others in the trash. They searched her purse and found none of the other items. However, she had a pair of wire cutters she had used at her friends house for crafting, and they said it was a weapon and confiscated them. She never left the building with this merchandise and dropped it long before she went to the restroom. Is this legal? He called it concealment, but I thought that as long as the items never left the store and they were dropped, they could not charge or fine you? HELP!!!!!

 

[raskalnikov]

She felt uneasy and decided to drop the items.

Where did she drop the items? If she dropped them in the trash, it could be argued, but perhaps not successfully, that the plan was to put them there and have someone else steal them after closing.

She should speak to a defense attorney. Make sure she asks for an assesment that doesn't cost anything initially. Good luck.

 

[jacksgal]

West Virgina law says "concealment" is a crime so the stop was just regardless of fact she dumped merchandise

 

[animegirl73]

No they were left on a shelve behind a stereo, and then she went to the bathroom and that was when they chased her to the front of the store and he threw his arm across the door so she could not leave.

 

[jacksgal]

She concealed merchandise to steal it she already admits that. There is your crime. In your state conealment is a crime. Find her a criminal defense Lawyer. My husband also works closely with a group that offers an Anti Shoplifting class judges really like. Email if you like and I will provide that info for you

pilars_plaything@yahoo.com

 

[raskalnikov]

No they were left on a shelve behind a stereo, and then she went to the bathroom and that was when they chased her to the front of the store and he threw his arm across the door so she could not leave.

It seems to me what the store did was unlawful. People put back items where they don't belong all the time. I don't think it's "concealment."

 

[jacksgal]

Rask reread

She admits to me she was in the process of shoplifting two video games and a movie to the tune of $60.

Concealment in OP's state is a crime. Doesnt matter if merchandise was dumped. Do I personally think a stop should have been made? No I odnt but doesnt matter the law "was" broken