Legal Question in Civil Rights Law in Louisiana
question about shoplifting
My niece was shopping at Dillards in Ales. She has been under the care of a physician for ten years, taking very high doses of pain killers, and, subsequently affecting her judgment. In Dec. she put a sale sticker on a regular one, paid for it, then went straight to ''Customer Service'' and returned it because she knew she had done something wrong Security stopped her at the door, and did not even let her go out. I am under the impression that a person has to actually LEAVE the place of business before they can be stopped. Besides, she returned it, and was arrested anyway. Can you answer this for me?
2 Answers from Attorneys
Re: question about shoplifting
The fact that she returned the merchandise is certainly a mitigating factor (a big one), but it does not negate the crime she committed in the first place. Just make sure the fact of the return gets before the Judge and/or the prosecutor.
Re: question about shoplifting
When she changed the price she committed fraud. When she paid the lower price, she committed theft. You need to have her attorney explain the circumstances to the DA and if necessary the Judge. You do not have to let someone leave the store, when they change the price, pay the lower price and walk off.
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