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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My dughter took merchandise into a bathroom at Walmart (her

Customer Question

My dughter took merchandise into a bathroom at Walmart (her story is she didnt want anybody to take the last pair of $15 sandals). A worker than came in and took her and the merchandise to mgmt. She is a minor and am sure scared her into signing something on fear of prosecution. Walmart is now seeking Asset protection threatening a civil lawsuit. Since nothing was actually stolen, only the accusation (she did not take it from the store), do they have a case? Seems like its an assumption of intent.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

I am sorry to hear of this situation for your and your daughter.

I suggest, however, that shoplifting or retail theft statutes indicate that there has to be an Intent to deprive the merchant of its goods.

If the sandals were in the open when the employee came into the bathroom then it is possible it would be hard to prove any intent to deprive

Remember if she is charged criminally, the state must prove its case beyond a reasonable doubt.

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Thank You and good luck with everything