If you are arrested for shoplifting, can the store keep items of yours that did not come from their store?

Question

If you were arrested for shoplifting and had a bag of clothes in your purse that you bought somewhere else, would the store keep that bag of clothes if you had the receipt showing you bought the items elsewhere? If you did not shoplift but was being accused of it - would a lawyer tell you to plea guilty?

Bruce Arthur Plesser · Answer

No.

Gregory Crain · Answer

No.

Michael Palumbo · Answer

No.

John Brennan · Answer

No.

George Derieg · Answer

The store can only keep the items stolen from the store. If you were arrested and the police took your items, including the legally purchased clothes, then at the end of the case, your lawyer should file a motion to return property for the items seized that was rightfully yours.  A lawyer should not advise you to plead guilty to a charge you were innocent of. However, you would need to provide more details on the case for a better analysis on the matter.

Michael J. Breczinski · Answer

No they can't keep what is not theirs.  And no the lawyer would tell you your options but can't make you plead.

Austin Hirschhorn · Answer

If you can prove that you bought goods elsewhere there would be no reason for the police to keep merchandise not related to the charge against you. The law provides that a person is innocent until proven guilty.  A lawyer should never recommend that a client plead guilty and the court should never accept a plea of guilty from someone that is charged with a crime without having a factual basis for accepting the guilty plea.  If you are innocent, you should never plead guilty.

Mark R. Thiessen · Answer

You can get the clothes back that you bought after the case is over.  A good lawyer would never tell you to plead guilty if you weren't.  And there are tons of ways out of these things.

Clayton Lockhart · Answer

In most states a merchant has rights to protect items that belonged to that merchant and not to items that belonged to someone else.  If you are able to prove that you bought items at another location, then those items legally belong to you and not to the merchant at the store where you are accused of shoplifting.  The lawyer can only give advice on what to plead on a case.  The client is the one who gets to make the final call on whether to plead guilty or not guilty.  If after speaking to your lawyer about all the aspects of a case and you won't your day in court, then that lawyer has to inform the court of your wishes and take the case to trial.

Gregory Casale · Answer

You should not plead guilty to a crime that you did not commit. No one can keep your rightful property. When you plead to a charge, the court will ask you if you are pleading guilty only because you did in fact commit that crime. You would be lying under oath to say you did something that you did not. However, if you are arguing that some minor part of the police report is not accurate that is far different that saying that the crime was not committed.

S Hunter · Answer

If you have proof that the items they are holding on to you were purchased elsewhere you are entitled to recieve those items back. As to your question about a plea bargin there are many reasons to plead guilty. You should discuss this further with your attorney and have him explain to you why he thinks you should take the plea.

Leonard A. Kaanta · Answer

If you can prove they were bought somewhere else that's a defense.

Michael Jones · Answer

Obviously your personal items should be returned.  If you did not commit the shoplifting charge, I would not expect an attorney to recommend a guilty plea.  I would suggest you seek a free consultation from an experienced, local attorney immediately.

Gregory Gibbs · Answer

If you are arrested for shoplifting the police can keep items they have reason to believe constitute evidence that you committed the crime. That being said, if you can establish  that the items that were kept after your arrest were items that you purchased from another store you have a right to have them returned. If the store kept the items and they will not return them you can sue them for their return or for the value of the items they kept. If the police kept the items and you have proof that you purchased them you can sue them for their return or for the value of the items they kept. You can sue them under Michigan's conversion law which allows you to recover three times the value of the items you rightfully own being kept. You should also be aware that if you sue the store and they have evidence that you stole items they have the right to sue you for three times the value of the items.  If you are charged with shoplifting and you are not guilty of the offense most lawyers will not tell you to plead guilty. However, most lawyers will give you advice based on the lawyers opinion on the likelihood of whether you will be convicted based on the evidence the prosecution has and the statements you make to the lawyer. No lawyer can make you plead guilty. The choice to plead guilty must be made freely and voluntarily after you have been advised of your rights and the rights you waive by entering a plea of guilty.

Mark Smith · Answer

A lawyer should not tell a client to plea guilty if the client says she/he is innocent.

William Spern · Answer

The store has no right to take your possessions. To do so is conversion and would subject them to civil action. Re the shoplifting, depending on the plea, it may be in your best interest rather than fight.

Dennis P. Mikko · Answer

A store should not keep items that do not belong to them if you can show you paid for them.  If you did not pay for them, the store may return them to the store they came from.  If you are not guilty, why would you plead guilty?  To make a good decision as to a plea a complete review of all the facts would have to be made.

Larry Dunn · Answer

The store is not entitled to retain any property not belonging to the   store. The police are allowed to retain property which may be used as evidence   even if the items were from a different store. A lawyer may advise a person  to  consider a plea if the risk of conviction, even if the person did not  actually  commit the crime, at trial could result in a harsh penalty.

Jared Altman · Answer

No. They shouldn't keep your property. I can't say what your case is like so I don't know about pleading guilty or not.

James Schoenberger · Answer

If you did not shoplift, no lawyer will tell you to plead guilty unless there is substantial evidence that you did. No, the store cannot keep items for which you have a receipt.

Jeffrey Pollock · Answer

This is too complex to answer by e-mail.  Pay an experienced  criminal  defense lawyer for a thorough 1-2 hour consultation to fully  evaluate your  situation.

Barbara A. Fontaine · Answer

If you have the receipt matching the clothes in the bag, they are yours.  If you did not shoplift, do not plead guilty.

Jeff Yeh · Answer

No, the store cannot take what isn't theirs.   No, a good lawyer would never tell an "innocent" client to plead guilty.

Stephen Freeborn · Answer

As far as your property that you actually purchased if that is the case, it will be returned to you.  As far as pleading guilty to a crime you did not commit, no attorney would have you do that, as the ultimate decision is yours and a judge will ask you that before he/she would accept your plea that you knowingly and voluntarily entered the plea without threat or coercion. Not knowing the facts of your case, I cannot second guess your attorney. There must be some major problem with your case for the attorney to suggest that you plead.

Dennis Roberts · Answer

1.  NO they can't keep your property which you have a receipt for.  2.  Whether to take a plea or not depends on what the evidence is and if you  have a witness to counter it.

Terry Nelson · Answer

Items can be seized to hold as  evidence.  You'll get to make your arguments in court for return.    No lawyer is going to tell you to plead guilty.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, can you be convicted, and what can you do?  A little free advice:  exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney.   Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.  If it is your first offense, if you have a clean record, your attorney MAY be able to get a  deal  that avoids jail, and avoids a conviction on your record.

Nathaniel Shafer · Answer

A lawyer might tell you to plead guilty, if the lawyer thought it was better than going to trial and losing. As for the clothes, if there is a receipt, the store is not supposed to confiscate them.

Cynthia Henley · Answer

If you had a bag of clothing from another store without a receipt, the police might keep it to "investigate" if you shoplifted at another store.  If you have a receipt, your lawyer should be able to get the clothes returned to you at the end of the case.   A lawyer only gives advice based on the information they receive from you, the offense report, videos, witnesses, etc.  The lawyer does not know if you are guilty or not, nor whether you are telling the truth or not.  You do not have to follow the lawyer's advice and can instead set your case for trial (or hire a different lawyer.)

Brian Wanerman · Answer

Whether or not a lawyer would advise you to plead guilty depends on the facts of the case.  The store has no right to confiscate items that do not belong to them.

Gary Russell · Answer

No.  If the store took items that belonged to you then they in effect would be stealing from you.  The store is only entitled to the return of the items that you took from it, provided they were not consumed or destroyed.

Robert De Groot · Answer

No, a good criminal defense attorney would make the state prove the case, and this one cannot be proved.

Steven Alpers · Answer

I am guessing that  the police kept the items as evidence.  You shold be able to get them  back at the end of the case.

Timothy Klisz · Answer

I would have to examine all of the facts and the police report to get  their side before advising my client of what to do under their  scenario.

Stuart Nachbar · Answer

If you have a receipt showing legal purchase why would an attorney have you   plead to a guilty charge on it.  Makes no legal sense.

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If you are arrested for shoplifting, can the store keep items of yours that did not come from their store?

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