Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Can I be charged with shoplifting for refusing to let an employee

search my bag as I...
Can I be charged with shoplifting for refusing to let an employee search my bag as I was leaving? For the record I did not take anything... I took three items to the fitting room, tried them on, and left them hanging in the room. The store does have cameras, and it will show me browsing, going to fitting room and then leaving. I was in a rush to leave because I had a family emergency to get to and was annoyed that they were making a scene when I did nothing wrong. They wrote down my tag as I left. So can a warrant be issued just because employees of a store thought I might be shoplifting
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
8/25/2013
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified
Hello and welcome to JustAnswer. I would like to assist you with you question today.

Has anyone contact you since you the store? When did this occur?
Ask Your Own Legal Question
Customer reply replied 4 years ago


This happened a few hours ago and no they have not. However, the first thing I did when I entered the store was return an item, in which I gave them my drivers license in order to do. They also wrote down my tag number as I drove away. I have no idea why would have thought I was stealing. The only reason I can think of is because I brought 2 items to be returned into the store in a bag... they only would return one of the items and were very rude about doing that. so I kept the 2nd item in the bag with me, then went to try on those few items I mentioned. I would have been glad to leave the bag up front if I would have known I needed to do so.

Customer reply replied 4 years ago

I just sent you a response to your question but not sure if it went through... did you receive it?

Yes I did. I am in the process of drafting your answer.
Ask Your Own Legal Question
Customer reply replied 4 years ago


Okay... thank you

First off let me post for you Alabama;'s statute that defines theft so you can see what must be proven if charges were to be filed.


§13A-8-2. Theft of property - Definition.

A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen.

To answer your question. Yes they can be charged with theft. However not for refusing to stop or allow you bag or person to be search. The charge would have to be based upon an allegation that you "knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property." The prosecutor will have to prove this beyond a reasonable doubt at trial. So while the police may permit charges to be filed, obtaining a conviction will be a much more difficult task. It will come down to what the video shows, what the store employees testify they observed and any other testimony and evidence the prosecutor or you present at trial.

Charging someone with a crime does not always result in a conviction.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Ask Your Own Legal Question
Customer reply replied 4 years ago


Thank you for the information. Just to follow up


1) Is my only option to just sit & wait? Or better yet, how will I know if they decided to file charges (i.e. will a police officer come to my house or should I call someone)


2) how likely is it that a store would file charges just because I wouldn't let them search me so they therefore assume I took something?


Thank you


 

1) Is my only option to just sit & wait? Or better yet, how will I know if they decided to file charges (i.e. will a police officer come to my house or should I call someone)

 

If they file a complaint the police will most likely contact you and possibly arrest you. You can also check at the local court house in a few days to see if any cases have been filed in which you are named a defendant.


2) how likely is it that a store would file charges just because I wouldn't let them search me so they therefore assume I took something?

 

I have no way to predict this. It will be up to the store and the police to decide if they will authorize a charge. Only time will tell.

 

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.

LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified
LegalEagle1 and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask LegalEagle1 Your Own Question
LegalEagle1
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
795 Satisfied Customers
Experience: Practicing attorney licensed for over 25 years.

LegalEagle1 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Shoplifting first and only crime, never had a ticket or any
Shoplifting first and only crime, never had a ticket or any priors. State of Michigan a ticket and court date have been given. The cost of items taken was total of $130 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
I was caught shoplifting yesterday and i was aggresivley
i was caught shoplifting yesterday and i was aggresivley manhandled … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I was caught shoplifting for theft under 5000 and have not
I was caught shoplifting for theft under 5000 and have not been convicted yet as my court date is not for a few months, i was wondering if this will prevent me from entering the US from Canada? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Hypothetically if someone I was with was caught shoplifting
hi so hypothetically if someone I was with was caught shoplifting but I did not take anything, can I still be held responsible for them? I am 18 … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Back in 2005 i was arrested for shoplifting. My case was
back in 2005 i was arrested for shoplifting. My case was dismissed and I hired the same layer after a few years to have my record seald or expunged but never heard back from him again. I still need to… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
Today i caught in shoplifting. and the merchandise called
Today i caught in shoplifting. and the merchandise called police and they given me a tixket. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
Picked up for shoplifting today under $50 at hobby lobby. Do
Picked up for shoplifting today under $50 at hobby lobby. Do I need attorney … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
I shoplifted under 50 dollars in merchandise in. A store.
a store. The person took me to the back. I signed papers saying I shoplifted. Then he told me because I had “intent”. , a big purse with not much in it that it wwould he charged as a felony. He said he could make it go away for $2000.00. Bit I had to give him “good faith” money soon. I met him the next morning at the store and gave him 500 dollars. He then said he had talked to “him” and the fine was reduced to 1500 dollars. I could pay in the coming months to his service. He wanted me to send checks, without his mama on them “he has a stamp”. Since he has called 3-5 x and now not sure what to do. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
How to check background without ssn. New york. Shoplifting
Shoplifting case was dismissed and sealed after attending shoplifting class … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I apparently have been labeled a shoplifter and there must
I apparently have been labeled a shoplifter and there must be something online. I have not stolen anything but it seems to be escalating. I live in a small town and gossip is rampant. Can they put you… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
My daughter was caught shoplifting at Target. I've looked
My daughter was caught shoplifting at Target. I've looked into getting it expunged and there is an ARD program in PA. Is this something we need to hire an attorney for? I don't see a clearly outlined … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I need sight a lawyer to force a police officer testimony in
I need sight a lawyer to force a police officer testimony in court … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Second opinion] If someone shoplifted from a store that
Second opinion] If someone shoplifted from a store that sells products they are not authorized to sell (i.e. fake branded cosmetics, or unauthorized vendor) and the law of the place is that all punish… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If someone shoplifted from a store that sells products they
If someone shoplifted from a store that sells products they are not authorized to sell (i.e. fake branded cosmetics, or unauthorized vendor) and the law of the place is that all punishments from shopl… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I was caught shoplifting at target but no charges were made
I was caught shoplifting at target but no charges were made i just had to sign some forms but i was wondering what i should do next … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
I recently was charged with shoplifting in the amount of
Hello I recently was charged with shoplifting in the amount of $183 I had court today and applied for a pubic attorney Im just very worried about jail time if possible I've never been in any legal tro… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is it permissible for an expert to give testimony colloquy?
Is it permissible for an expert to give testimony colloquy? Have an expert that will show up for the trial but due to timing we can't get his report ready in time. I'd like to inform the court that du… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x