Legal Question in Criminal Law in Texas

I am from Mexico So.. Sorry if my english is not perfect, but I want to explain you something, because I need some advice...

I go to Usa and I go for shopping to a mall the day I go to the mall I go back to mexico so I am not able to go to the hotel after the mall

I go to many stores and I buy some clothes (of another stores) after that I go to another store I see some nice things in that store and go to the fitting room to try them.. after I try the clothes, When I am in the fitting room I change my Old clothes to some clothes that I already paid in the mall of another Store (NOT clothes of the store where i was in that moment) and leave in the fitting room my old clothes, because I really don�t like them anymore, and I will not be able to go back to the hotel and change my clothes, then I go out of the fitting room and go to the cashier of that store to pay for the clothes that I like but when I go to the cashier a person that works in that store call me and told me that they found my old clothes in the fitting room and they treat me very bad as if I was trying to steal the clothes that I was wearing, I explain the person that work in the store that the clothes that are in the fitting room are my Old clothes and that I leave them there because I really don't like them anymore and that as I will not go back to the hotel I will not be able to change in another place, and that the clothes that I was wearing I buy them previously in another store I show her the tickets of the other store where I but the clothes with the ones I change in the fitting room etc. They even told me we also sell underwear I told them ok, I also go previously to victoria's secret I also show her the tickets I say you can check the tags in my underwear also If you want..

But as she treat me very bad I am worry that the next time I go to USA I will have problems of course that was only a misunderstanding I NEVER stole anything also I am worry that the person that works in that store called that day a police or something like that of course she only ask me for an explanation and I told her these and show her the tickets of the other stores, so that she can verify that I was telling the truth but she saids that I must have told her that I will change on the fitting room of her store with the clothes of another store, because the first thing that she thinks when she see my old clothes in the fitting room was that I stole something from that store, And of COURSE THAT�S NOOOOOT true, and I feel really bad, The clothes I use to change I buy them in another store and of course I pay for them� I don�t want to have records in USA for a misunderstanding because I am an Honest person, that's why I am worry I don't know if the cashier call a police or not I only explain to her the same thing that I am explaining right now and show her the tickets of the store where I buy the clothes previously these happens a long time ago but I remember now and I am worry�

I really don't remember the date but it already passed some years ago, but I am still worry when I remember that bad experience and misunderstanding, I don't kept the tickets of that shopping day because I don't think that I will need them on the future because the store already see them that day.

Can you give me any legal advice so that I can feel ok? Can somebody have criminal records for that kind of misunderstandings? They let me go after I show them the tickets and explain everything but I still feel bad because they treat be very bad and worry that the misunderstanding can give me problems on the future.. How can I be sure that I don't have criminal records on USA for that misunderstanding, that day I buy also things in that store (NOT the things that I was wearing because that clothes are from another store were I paid them previously) but when I pay in the store of the misunderstanding I use a card of that store that give customers points for everything they buy there so, they have my name and maybe last name etc.. I am worry I now know that I do a silly thing but I was not doing something bad I just change my clothes to another ones that I previously paid but the store make a misunderstanding for that situation...

Of course I will not make that kind of silly things on the future to prevent another misunderstanding but I am still worried, can you send me any advice, can someone have criminal records or if they really call the police they will stop me at that moment ? How can I be sure of that I am REALLY Worry please send me any advice and Thank's! and If there is a way to check for the crimminal records of a person please explain me how I can check that...


Asked on 9/15/10, 1:46 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

I apologize for the bad experience you had in the United States. Unfortunately merchants here think they have a serious shoplifting problem. They purchase cameras and hire store detectives to stop shoplifting. The store detectives try to look good to keep their jobs and stop as many people as they can. Unfortunately shoplifters sometimes change clothes in a dressing room and try to leave the store in the clothes they steal. Next time you are unable to return to the hotel, a public restroom (not in a store.).

You did the right thing by keeping the tags and proof of purchase.

If you were not arrested by the police, I do not think you have a problem. The normal procedure is for the store detective to detain the shoplifter and call the police who will take the detective's statement and arrest the shoplifter. Once there is an arrest, a criminal record will start. Store detectives are not police officers.

It is possible that the store could swear out a complaint with the police after you left. While this is possible, it would be a highly unusual and incredibly stupid thing for the store to let you leave with their merchandise. However it is possible. It that happens then it would be up to the local district attorney to decide whether to press charges and seek a warrant for your arrest.

There are ways to check a criminal record. There are several services available on the internet. Before you spend any money, I suggest you begin by contacting the district attorney's office of the county where this occurred and see ask if there are any warrants for your arrest. They will need your name and date of birth. If there are any warrants out for your arrest, you should think about doing a criminal record check.

Good Luck

I

Read more
Answered on 9/21/10, 10:27 am


Related Questions & Answers

More Criminal Law questions and answers in Texas