Very weird and idiotic situation...what to do?
This is a discussion on Very weird and idiotic situation...what to do? within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; This story applies to my girlfriend...... She was at the mall shopping. She went in to Abercrombie and was purchasing ...
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#1 |
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This story applies to my girlfriend......
She was at the mall shopping. She went in to Abercrombie and was purchasing a pair of shorts when the store was closing. As she turned to leave...the store clerk was like...hey you forgot one of your bags. She didnt think twice grabbed the bag and was like oh thank you. She went home and then realized that the bag was not one of her bags. She opened the bag and the there was another bag in the bag and combined between the bags was a dress from another store at another mall and a pair of jeans from the other mall in the area as well. She phone Abercrombie and asked them if anyone reported a missing bag...they said no we have no clue what you are talking about and no one has said anything to us. She then called the stores where the items were from...at this point she had asked what her options were if she had the item and had no reciept. She was planning to see if they had said anything...she would return the item...if not she would still return the item but get a credit to the store (2 things wrong here...well one she called the store...but 2 she was implying that she wanted to return the items).... Anyway....so the store told her to come in and return the item. She went in to store #1 and they would not take a return and she just left the store....the second store told her ok we will return it...they asked her why she wanted to return it and she told them it was a gift....she handed over the item and they told her to look for an item in the store if she wanted it. She said no that is ok...they then started to to question her. Asking her how she got the dress and was she sure she didn't steal it from the store. She then got freaked out by the way they were accusing her of actually stealing the item from the store. She then just left the store...leaving the dress there. SO you figure that was that.....but it wasn't. The next day she gets a call from someone saying they are an officer. It was obvious that the store she called had caller id and had given the officer the number. However she did not think about this and figured the person was not an officer. He did not read her any rights or anything. He just kept telling her to come clean or he would arrest her. She told him at first that it was a gift and then she broke down and told him what had occurred....mainly the part how she was leaving another store and they handed her the bag and she had no idea until she got home that it wasn't her stuff. The cop told her that they had video of her trying to return the stuff etc. She asked him if she was being charged or needed a lawyer and he told her no you don't. He said just come in to the station and meet me and bring the jeans you still have. Not being able to sleep at night she drove over to the station and went to the front desk and requestd if she could drop off an item for officer xxx and the lady phoned the officer and he said no don't take the items send her back in tomorrow as discussed. So this is where she sits....obviously she is looking for a lawyer at this point. But it appears that they have a very weak case at best. But once she goes in and turns in the item then the officer now catches her in person with the item. He then also can put a face and to the voice. Possibly making it so he can enter his phone conversation with her into the picture??? What should she do from here? Some people suggest not going in and retaining a lawyer and possibly have them try to arrange returning of the jeans in exchange for no charges...some have said go in turn it in...be polite and if she gets a ticket for charges then engage a lawyer. any thoughts???? |
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#2 |
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She should have returned the items to the store where they were first found.
Now she needs to hire a lawyer and she should not speak further or she WILL get tripped up. She does not want a criminal records--spring for the 1500 bucks or so and let a senior lawyer handle it. |
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#3 |
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Top Level Member
Join Date: Dec 2008
Location: USA
Posts: 650
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Had she not attempted to fraud the store with the return she would be ok. She did not however and she she is likely facing serious criminal charges. She needs to contact a lawyer, as instructed, to arrange the return. Do not speak anymore with Police without a lawyer present. She or you might also visit the forum (see link) here that deals with shoplifting and related issues
Shoplifting After Your Caught :: Index
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#4 |
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actually she did not try to defraud the store...the store where the item had sold had already sold the item and to return the item to them they are not losing any money out of their pocket....especially if they are issuing credit.
the issue here isn't shoplifting because she did not shoplift or take anything from the stor directly. i see it more of a theft case. it would fall under the fact that she had picked up the items not knowing.....but later on had recognized that she had the items and knowingly tried to use the items. there is one caviat to this....if she had tried to attempt to call the owner then she did her best and then she would be in the clear. the thing is since there was no receipt in the bag or any identifying info of the owner the next logical person to call would be the store where she found it. this is the way i see it after doing a bunch of research and looking up the laws.... it appears though that she really stuck her foot in her mouth by talking to the officer.... i agree though...at this point...retaining a lawyer would be essential |
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#5 |
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Top Level Member
Join Date: Dec 2008
Location: USA
Posts: 650
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She attempted to return items that she had neither bought or were gifted to her for store credit or money. Thats "fraud" and far more serious than shoplifting. Go to site I linked there are people there who can explain better.
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#6 |
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It isn't fraud. The store had already sold the items. If she is returning the items back to the store whether they were her's or not. Now if she changed the price tag on the items it would be considered fraud. But since the store is not at a loss by her returning the items fraud is not an issue.
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#7 |
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Top Level Member
Join Date: Dec 2008
Location: USA
Posts: 650
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Your missing the point and I just spoke with a member of law enforcement I know. He states this not fraud but buglary a felony! I would really urge you to vist site I mentioned remove names of store etc to protect your GF. By the way did she have another bag? If not then why did she take that one? If she did where is her bag? Here are simple facts she walked into store with intent to get money or store credit for items she had not bought.
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#8 |
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kjh
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#9 |
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you have no clue what you are talking about....
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#10 |
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Guest
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and not worried about the store names because they are just used as an example and not the actual store names....
but yes she also had other bags....and she had been shopping and has receipts for everything that she purchased.... thanks for our insight anyway.... |
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