Legal Question in Criminal Law in Washington

I was caught taking something from Walmart. It was early in the morning around 1:00 am and I was just off work, tired, and in a hurry! I went to get several items in the store and had my hands full as i didnt have a cart. I had picked up a leap frog game that I had promised to my 4yo son and was carying it underneath my left arm pit, and then headed towards the clearance isle, where i found a crayola coloring kit that i was interested in. The isle was a huge mess, there was numerous boxes opened with stuff scattered everywhere (mostly crayola stuff) so i grabbed a box and looked inside to make sure all was there. Sure enough it was not, so i grabbed another and in the process managed to accidently slip that leapfrog game into the box. when i approached check out, i realized that i left my credit card out in the car, so I asked the clerk to please look inside the box for me and make sure it had the proper contents, while i ran out to my car for credit card. I then left store and went to my car, and came back in for purchase. They waited for me to walk out of the store, and then nailed me for shopliftiing?!


Asked on 5/10/12, 11:59 am

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Plead not guilty. Hire a lawyer. If unable to afford an attorney, apply for a court-appointed attorney.

Theft is a crime that requires proof of intent to deprive another of services or goods. Your narrative obviously indicates there was no intent. A request that the clerk look in the box in which the item you are accused of stealing is inconsistent with the actions of someone attempting to conceal an item.

There are two sides to every story. You need legal counsel.

Do not respond to any demand letter from Wal-Mart for civil penalties ($) until after you have consulted your attorney. Some corporations do not follow through on demand letters. Additionally, you may be able to settle both the court case and the civil demand with a "compromise of misdemeanor". This form of relief involves paying the civil penalty and the value of the item, but results in a dismissal of the criminal charge. (This is why you do not respond to the demand from Wal-Mart until after you have explored this option.)

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Answered on 5/10/12, 12:13 pm


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