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Shoplifting Questions (Need legal Advice) (self.legaladvice)

DarkenedMatter が 投稿

Hey there reddit, got a question for any of you genius or lawyers out there.

Needing any advice to dispute a possible claim as i believe they were wrongly accused.

What exactly is considered shoplifting? When does it become shoplifting?

Example would be going into a store such a Wal-Mart or etc. and finding something such as a small toy in a plastic box and opening it and playing with it and carrying it around the store with intentions of buying it.

Is this shoplifting? What would this be considered if you hadn't left the store yet? Or had no intentions? I'd appreciate only serious replies no sarcastic "you shouldn't do that to begin with" replies either. I'm genuinely interested in when shoplifting becomes shoplifting.

Does price factor in? Does looks factor in? Such as prejudice? I appreciate your replies and I'm curious because of an incident that occurred recently at a Walmart. I can explain more later if required but not go into personal details.

The state is Arkansas if you're wondering about the laws for the state of which it occurred in. Can this be removed from the persons record? Age is merely 18, and they went super hard on the poor guy over a $10-15 toy.

The person even lives out of state. They gave him the full cavity search and made him seem like a real bad criminal. He's never had anything else on his record ever and is a good person.

He hadn't even tried leaving the store with said item at all, they just "caught" him with "stolen" good and had him arrested with a $510 bond.

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[–]swalsh411 1ポイント2ポイント  (13子コメント)

Do you have first hand knowledge of what happened at the store? If not then the person who does should post the question. If all you have is what the accused told you, then it's nearly certain you do not have an accurate account of what happened.

It is sometimes possible to expunge criminal records.

[–]DarkenedMatter[S] 2ポイント3ポイント  (12子コメント)

Yes, have first hand knowledge of what happened. The person cut open a toy took it out and was playing with it and was just being silly in the store. They had gotten into trouble for being "disorderly" and were asked to leave and escorted out to where they were shortly then arrested for stealing the toy.

I just feel bad for the guy, he's a totally nice guy and was treated pretty crappy by the police. It's the south and he's from the north where looks don't matter too much and I feel they were being really biased/prejudice because of his looks.

[–]FluffyWindexDrinker 1ポイント2ポイント  (5子コメント)

Are you serious? Maybe don't act like an asshole. Who cuts out a toy to play with it in the store, certainly not a mature adult.

Regardless, get a lawyer, if his actions doesn't fit the charge he should have no problem getting it dismissed.

[–]DarkenedMatter[S] -1ポイント0ポイント  (4子コメント)

I've seen people take toys out of the package and let their kids play with it and put it back once they're done with no consequence. I feel the same applies in this scenario, no? Like I said he was stupid to do it in the first place but let's not call names and make assumptions thanks for the information, I agree.

[–]placebo_addicted 1ポイント2ポイント  (2子コメント)

I've seen people take toys out of the package and let their kids play with it and put it back once they're done with no consequence.

If they were caught doing this they would be guilty of theft. Devaluing merchandise is theft. If they open the toy and pay for it, no harm, no foul. Also, parents usually do this to keep their child from being disorderly. Your friend did the opposite.

[–]DarkenedMatter[S] 0ポイント1ポイント  (1子コメント)

They can't consider running in Walmart a main factor in any decision they make can they? Just curious.

[–]placebo_addicted 2ポイント3ポイント  (0子コメント)

Maybe. If he was acting weird, disruptive and erratic that might play into their judgment as to whether he planned on purchasing the item. He didn't have respect for those rules of behavior, why should they think he had respect for the other? His unruly behaviour makes him suspect. Context matters.

[–]CujoCrunch -1ポイント0ポイント  (0子コメント)

I've seen people take toys out of the package and let their kids play with it and put it back once they're done with no consequence.

He cut it out of the package. Cut. CUT! Can you seriously not see how that damages the sales value of merchandise?

[–]swalsh411 -1ポイント0ポイント  (1子コメント)

If you take a toy out of the package you are expected to pay for it.

[–]DarkenedMatter[S] 1ポイント2ポイント  (0子コメント)

Yeah, he had plans on paying for it I just think there was a bunch of confusion, I appreciate the feedback. The undercover security people didn't believe so but we'll try and get it settled, thanks. :)

[–]CujoCrunch -1ポイント0ポイント  (3子コメント)

The person cut open a toy took it out

He's not a "nice guy" for damaging property and rendering it unsellable.

I feel they were being really biased/prejudice because of his looks.

He wasn't arrested for being ugly.

He intentionally destroyed the sales value of that toy by cutting it out of the package, thus willfully committing a property crime. I'm not sure why you think that's harmless.

[–]DarkenedMatter[S] 0ポイント1ポイント  (2子コメント)

I don't think you understand the situation so this is all I will reply with.

[–]CujoCrunch 0ポイント1ポイント  (1子コメント)

You said he cut it out of the packaging. That seems pretty clear. What am I not understanding?

Yes, have first hand knowledge of what happened. The person cut open a toy took it out and was playing with it and was just being silly in the store. They had gotten into trouble for being "disorderly" and were asked to leave and escorted out to where they were shortly then arrested for stealing the toy.

I just feel bad for the guy, he's a totally nice guy and was treated pretty crappy by the police. It's the south and he's from the north where looks don't matter too much and I feel they were being really biased/prejudice because of his looks.

[–]DarkenedMatter[S] 0ポイント1ポイント  (0子コメント)

Would you rather them tear the packaging to bits? I'm not understanding.

[–]Napalmenator -2ポイント-1ポイント  (4子コメント)

As long as the product is in the store and not in your purse,bag,pocket,underwear it is likely not theft. When you leave the store, it is theft. When you hide it, it is theft. Price determines what exactly you are criminally charged with. But theft of .99 product is still theft. Yes, you might be able to get it expunged.

[–]DarkenedMatter[S] 1ポイント2ポイント  (2子コメント)

Thanks for the information, the person didn't internationally try to steal it they had the money and didn't try to leave the store with the item. They were running around the store before they got "caught" and were told they were going to have to leave and from what I was told by the other people who accompanied him was that he didn't have time to pay for it because they made him leave no questions ask and the the police showed up, cuffed him and took him down to the station where a full body search was conducted and he was threw into the jail cell awaiting $510 bail. He had never been in trouble ever before and was from out of state.

They were just 18 year olds being disorderly but weren't trying to steal anything. Thanks for the information!

[–]Napalmenator 1ポイント2ポイント  (1子コメント)

Many people who steal have the money to pay for it. It sounds like your friend needs an attorney.

[–]DarkenedMatter[S] 0ポイント1ポイント  (0子コメント)

Thanks, I know and was aware he probably would. They have a court hearing in a couple weeks and was looking for information on whether or not it was possibility to even help him out with an attorney you know?

He was stupid in account of taking the toy out of the package and playing with it in the store when he could have just bought it first so I understand the laws side.

Thanks again.

[–]CujoCrunch 0ポイント1ポイント  (0子コメント)

OP's friend actually cut it out of the packaging, destroying the sales value.

It also means he was carrying a knife or strong scissors that he was actively using to remove items from packaging (that may have had anti-theft tags). Cutting things out right in the store is usually associated with professional shoplifters, so it's no wonder they came down hard on him.