Legal Question in Criminal Law in Pennsylvania
I was shopping at local grocery store. I put 2 bars of 79 cent soap in the top child seat of the cart at the checkout to be put on the on the belt last in order to keep the soap smell away from rest of food items. I inadvertently put a store flyer on top of the soap while placing other items out and forgot it was there. I paid for the rest of my items, 47.00 dollars worth, used my 20 dollars worth of coupons, got my 8.00 of change and left. I was stoped at the first door by the store security guard. She told me i had stole the bars of soap. I explained it was a mistake, I will pay for the soap. She said it was too late she saw me put the paper on top of it. I again explained it was a mistake, I have more than enough change right here in my hand to pay for it. Made no difference to her. Hauled to the office i went. I had to call home for someone to come to get my ID out of my car. The more i pleaded this was insane the more they became hostle. When a family member came to get my id for me she too said this was insane. At that they said Enough! we were going to let you go but because of your big mouth you will be fined 150.00 and not to return to the store or any of its chain ever again. The fine will be sent in the mail. Is this legal? It cant be fair. Please advise.
1 Answer from Attorneys
There are civil penalties for shoplifting...so that part is legal IF they prove the shoplifting charge
This kind of thing can happen. People make mistakes. I don;t know if they were going to let you go or not. They may have been excusing your protests as an excuse, but many of the security personnel in retail stores love to throw their weight around.
You should get a lawyer and fight this. It is more expensive then you would like, of course, but then you can hopefully disprove their allegations and bring suit for false arrest or similar grievance. BUT the charges have to be dismissed in order to have grounds for suit., DO NOT RUSH to plead guilty to "get it over with". Definitely talk to a lawyer.
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call me if you like
SAUL H. SEGAN ESQ 215-370-2608 is cell number
Web site is www.saulhsegan.com
Sorry you had to go through this.....
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