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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16580
Experience:  Experienced Licensed Attorney
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I was making a return at walmart( with reciept). I then

Customer Question

I was making a return at walmart( with reciept). I then proceeded to do some shopping along with my mother in law. We j6st had a very bad hail storm and yard is in shambles. My mother in law was going to buy my sons a few pair of jeans for school. While she was un the restroom( right in front of custemer service and registers), I placed the jeans in a bag. While waiting I recieved a phone call and was walking while talking in the front part of store. I was approached by a walmart employee and asked for a reciept. I explained that the pants were not paid for and was not finished shopping, that I was waiting for my mother in law in the restroom. I was then approached by a gentlman who asked again for a reciept. I again stated that the pants were not paid for and was not done shopping. He asked for identification, I handed him my ID. He then asked if we fould go somewhere to talk. He guided me into a room and began to make a copy of my ID. He proceeded to hand me paperwork to sign. I read the heading it was called some kind of incident report. I asked him to explain to me what it was. I was told I was shoplifting. I refused to sign the paper and explained I had not tried to shoplift. While I bagged pants I was right in front of registers and spoke to a floor manager. I was then told I could leave. I then went to find my mother in law. She was at car. She expressed that I should s0eak to store manager. I went back into store to do so. I seen gentleman that made copy of my ID. I stated I wanted the copy of my ID. He dropped it on floor and I tried to retrieve it with my foot. Gentleman called me a bitch and stated now he would charge me with assault. I follewd him for a little while and then decided to just talk to manager. I went to customer service and requested talk with manager. When I did talk to manager we both seen by this time that police were present. We went to where police were and explained they had been dispatched due to incident in regards ***** ***** I hegan to explain whole scenerio to officers and was adked if I wanted to go somewhere more private. We all then proceeded to the same room walmart employee had first taken me. Police looked at video, I heard the officer state that I had not even went to door perimeter. Ine ifficer did ask why I placed things in bag. I expressed we are or were going to purchase things from lawn and garden to repair my yard( dirt and mulch) and didnt not want to get clothes dirty. Ifficer did explain I should not have done that. I was then told I foyld leave but first I needed to sign a form that banned me from all walmarts and sams stores. I was not cuarged with shoplifting nor was I charged with assualt. I was told to call 1 800 walmart to straighten out. This happened on saturday july 30, 2016. On monday I called 1 800 walmart and spoke to a woman named Shannon. I was told that someone would get back to me. Today 8-3-16, I again called 1 800 walmart, and spike to a woman named Hahnalee. She pulled up the incident reference #160801-002492. She stated that I should have heard from store manager by now. She then called store manager herself and got him on the line. Store manager ***** ***** said he was unawre of incident but would look into it and get back to me. I said ok. 15 minutes later he called me and informed me that I an banned from store and that they would be charging me with shoplifting.
Submitted: 10 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 10 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Do you have a legal question about the situation you have described in your post that I can answer for you?

Customer: replied 10 months ago.
Can they charge me now like manager called and told me? Also if not charged can they ban me frim all walmarts and sams stores.
Customer: replied 10 months ago.
They also have copy of my ID can I get that if not charged?
Expert:  Alex J. Esq. replied 10 months ago.

Thank you for your follow up.

I cannot comment on your specific case, but generally, unfortunately, the store in fact can pursue criminal charges with the police and state prosecutor after the alleged crime took place and it would be up to the prosecutor to decide based on evidence, such as video tape, etc...whether probable cause exists to charge a person with a crime of shoplifting.

Also, Walmart is a private company and can ban any person from using / entering their store for any reason (except illegal discrimination) or no reason at all, so yes, Walmart can ban anyone from entering their stores.

Also, once a copy of the ID is made, it becomes the property of the store, given the fact that the shopper did not object to the request for ID and handed ID over voluntarily upon request, so the copy of the ID does not have to be returned by Walmart.

It would generally be a good idea not to communicate with anyone about this potentially criminal matter and to consult and retain an experienced local criminal defense attorney and to let this local attorney handle this legal issue for you.

You can find an experienced and skilled local criminal law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.
I wish you the best of luck!

Expert:  Alex J. Esq. replied 10 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.