QUESTION
Is it normal to be arrested while you're still in the store for theft?
Asked on Feb 19th, 2014 on Litigation - California
More details to this question:
I was at the store shopping and realized that I didn't have my wallet. I panicked and left some the merchandise on the counter and I went back to the last place I was and realized I had items in my bag that belonged to the store. I put it out and the security and manger came to me and said that I stole their merchandise. My question is, is it normal while you still in the store to be arrested?
4 ANSWERS
Michael J. Breczinski
It does not sound like you tried to deprive the store of the items. That is a defense. Get a lawyer and fight.
Answered on Feb 24th, 2014 at 4:47 AM
James Edward Smith
Yes, they don't have to wait until you leave the store.
Answered on Feb 21st, 2014 at 6:19 PM
Criminal Defense Attorney serving Minneapolis, MN
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Mark Herman, Attorney at Law
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Theft is a crime where someone intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property. A person leaving a store without paying for merchandise is a strong case for the prosecution as they have retained possession of property without the owner's consent and with the intent of depriving the owner of the property. If a person puts merchandise back, there has been no retention of possession of property of another without the owner's consent and there was no intent to deprive the owner of permanent possession of the property. Speak with an attorney to get this matter resolved.
Answered on Feb 20th, 2014 at 5:39 PM
It's all a matter of intent. There is no requirement that you step out of the store. Most security guards will stop you only after you step out because it makes "intent" easier to prove, but is not required.
Answered on Feb 20th, 2014 at 12:00 AM