Asked about 1 year ago - Downers Grove, IL
FlagThis is a true story! My wife and I were shopping in a very popular department store today. She was trying on some jewelry when her phone rang. This particular store it is very hard to get a signal in. On tap of that she just got a new phone. Unable to hear she walked toward the front door (just a few steps away), to get a signal so she could hear. Not thinking, she still had a ring on her finger. Just a ring that was in a display box on the counter. Not thinking and still not being able to hear she walks outside and is standing on the sidewalk taking. Security comes out and gets her and takes her to the back and calls the police and they take her to jail. This woman has no prior record whatsoever and is now totally humilated. I am angry and mad! What should our course of action be?
Your course of action should be to hire a good criminal defense attorney and put on your defense if the prosecution is not willing to make an offer you can live with. The crime of retail theft has certain elements that the prosecution must show in order to obtain a finding of guilty. Your wife's attorney''s job will be to present reasonable doubt so that the prosecution will not be able to prove is case beyond a reasonable doubt.
As a side note, you can also expect to receive a letter from a law firm asking for money damages, purportedly for the cost of dealing with this security issue. Speak to your attorney about this also. Although this is perfectly legal and is well founded in statute, many people chose to disregard the money demand. Speak to your attonrey about this also.
Finally, do not discuss this matter online or with your friends. The only conversation which is of a confidential nature is between your wife and her attorney.
While your anger is understandable, you have no recourse against the store if that is what you are asking. Leaving the store with merchandise that has not been paid for gives security reasonable gounds to detain the shopper and probable cause for the arrest. They were under no legal obligation to beleive her story. Unfortunately, any theft charge can have very serious consequences. I am assuming you and your wife would want to avoid a criminal conviction. Accordingly, you should hire an experienced criminal defense attorney to defend the case and/or reach a disposition that will not have permanent and potentially devastating consequences. Most of us provide free consultatiuon. www.galivanlaw.net
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