Legal Question in Criminal Law in Colorado

Hello there,

About two weeks ago I was shopping in Sears and purchased three dress shirts. I unfortunately suffer from chronic insomnia and was going through a terrible bout during the time. As a consequence of this I inadvertently walked out of the store still wearing a cheap unmarked undershirt. Its value was well below everything I had bought. Some way or another security noticed what I had not. As I walked out the door a man asked me to come back in to the back office. I complied readily. They took my name, address, and information and (horribly) had me sign a sheet without telling me what I was admitting to. I, being sleep deprived, did not read the sheet and now realize I was signing my own death warrant. They said I was good to go and they would take no further police action. I received a letter stating I needed to pay a 220$ fine. This is awful, but I am assuming there is nothing I can do since I signed the sheet. My question is as follows: If I pay the fine to corporate and they did not involve police, will anything reside on my permanent record? This is urgent and I am extremely worried.

Thank you for your time,

Conor


Asked on 5/27/11, 6:57 pm

1 Answer from Attorneys
V. Iyer Iyer Law Office, L.L.C.

If the amount involved is less than $1,000 it is a class 1 Misdemeanor and if it is under $500 it is a Class 2 Misdemeanor and the police have 18 months from the date of the incident to file charges against you. I am concerned that you walked out with "an under shirt". Was this undershirt worn on top of your clothes or was it worn under your clothing. If the former, your sleep disorder may work, but it is rather hard to believe. Most people are a bit skeptical of what they do not know or have experienced. However, if the latter it will be hard to believe even with your sleep disorder. If you are charged you will have to have a sleep disorder expert testify as to your actions is in conformity with people suffering from your illness.

No one can say what Sears Corporate will do or not do after you pay the civil fine.

However, since you paid for most of the items, you may be able to explain that you lacked the intent to deprive Sears of the value of thsi one single item of an undershirt and that the whole incident was all a big misunderstanding or a mere oversight on your part.

Best of Luck

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Answered on 5/30/11, 11:58 am


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