Legal Question in Civil Litigation in Pennsylvania
On Wednesday 9/21/16 I went into a local target. Returned a purchase and needed to make another purchase. I had my 6 week old Daugther with me at the time. I walked around target. Did not see anything I needed. I stopped at the baby isle and looked over which type of baby formula to use for my Daugther. I placed the formula in my cart. While making a phone call on my cell, not thinking I walked out of the target. I was stopped a loss prevention gentleman who asked me to walk into the back with him. He asked for a female associate to accompany us. There he asked me questions such as what I was doing in the store, why was I in that county on that day. He accused me of stealing. I told him it was not intentional it was an accident. I am a new mom operating on no sleep and had several errands to run that day. I advised him I had a gift card from the item I returned and I was using that for the purchase. Plus I also had cash with me. I explained I not a their. I have never been arrested nor have I ever stolen. He said I was on tape and if I kept running my mouth he would call the cops. He said if I signed a form stating never to return to target and another form ( I do not remember what it was called) I could leave, if not then I would have the cops called on me and have my Daugther taken by child service while in jail. I advised him I would not sign the one form unless I had a lawyer review because I am not admitting fault. He said I did not have to but in order to leave the store he would need me to sign the form stating o will never return to target. And I will get a letter in the mail stating I owe restitution a civil demand letter.
My questions are
I was not stealing, would I have a case in order to fight this because I do not want my names tarnished?
I currently work as an investment banker at a well known bank, by my signing the form stating never to return to target, will i pop up on any data basis as a shoplifter?
Since I was accused of "stealing" an item for las then $30.00 , should I just pay the restitution and just forget about this whole ordeal or should o fight.
1 Answer from Attorneys
If you have no previous convictions. You can get ARD. Under this programs you pay fines costs and restitution. You will also be on probation and have to do community service. When you complete the program your arrest will be expunged and you will have no criminal record.
{John}