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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16635
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was caught shopt lifting a mont ago and learned my lesson.

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I was caught shopt lifting a mont ago and learned my lesson. Today i was shopping an alread purcahsed aount of stuff (alot 30 ounds or ). I picked a product, starred fublmling with the 3 bags and a broom....an was not sure i wanted to buy the item from another store, Anwyahs, the alarm went off on me leaving, i was not even out the store and no one batted Ann eye, an di was like shit actually didn't want it i can get it cheaper else where, and walked it back to the action and went on my way.

So could i be found guilty of lifiting ini fact so many items in already broken bags?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

You're saying that you put the goods back and you weren't stopped by anyone?

They would have to know who you are and where to find you. And then you would have had to have done something that they can charge you with. If you don't meet that threshhold, they will have to leave you alone

But if you are asking in general whether you have to be arrested at the time of the crime, the answer is no. The state has until the statute of limitations runs out on the offense to bring charges against you. With a California misdemeanor, that's a year.
Customer: replied 1 year ago.

Kinda of, Der merchandisesise have to leave leave the location to cont as lifting this was truly an acident, i just heard a buzz, not even sure it was me, but thumbbled through my 3 bags of crap, found something=thing half hanging out i changed my mind on, and tossed it back in the same area. Is that shop lifiting?

Expert:  Zoey_ JD replied 1 year ago.
HI,

You do not have to leave the store with the goods to be arrested for shoplifting. What they need to see is the intent to steal. That frequently comes down to the facts and circumstances of the situation.

For example, if security caught someone on a videotape, changing the tags on an item, they don't have to wait for him to leave the store or even to get to the register. What he's done could arguably be enough to show the intent to commit a crime.

Here, you heard a brief beep and it was not even clear that it had anything to do with you. You then went and put something back, but you still were not stopped.

While I can't promise you that you won't get in trouble for this, it does not sound like anyone was concerned about your activity on this date, and it's not clear you manifested an intent to take the goods. All the same, especially as you have a prior conviction for this, I'd be more careful in that store from here, just in case they are watching and waiting.
Customer: replied 1 year ago.

gotha - with that siad, ive never been convicted, just t ageed or been arrested on ay charges, just ausced and pain the merchant to go way.

Expert:  Zoey_ JD replied 1 year ago.
Okay. So it sounds like you got a civil fine rather than a criminal case and conviction. That's good.

I don't see anything very wrong here this time either. It doesn't sound as if anything is going to happen to you from this incident. It's not like you fled the store with them yelling. They didn't even notice you.

I think you're likely going to be fine.
Customer: replied 1 year ago.

I was never even hit with a fee....i just walked in and paid to make it go away, never saw a cop in person. I just paid for X to make it go away.

Expert:  Zoey_ JD replied 1 year ago.
Right. It was handled as a civil matter. Sometimes stores will do that.
Customer: replied 1 year ago.

civil fine = off the record?

Expert:  Zoey_ JD replied 1 year ago.
Yes. It's not a criminal offense.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16635
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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