Q: If you paid for the item before you left the store can you still be charged with shoplifting?
I was in the store waiting for my husband. I was on the phone with the bank. I got up and picked up a water bottle. I sat down and stayed on the phone with the bank. While on the phone I removed the label on the water bottle and put it in my purse. It wasn’t hidden. I also put the label with the anti- theft device on it. When my husband walked up to me I got up and started to exit the store. I set off the alarm. I was still on the phone. I walked over to the cashier and set the water bottle on the counter. I walked back to the store to finish my phone call. After hanging up I went to the cashier and paid for the water bottle and left the store. Now the store wants to charge me for shoplifting. shoplifting
Unfortunatley yes, you can still be charged. Based on what you are saying the store would have several reasons to believe you had the intent to steal the item.
Luckily, there are always possible defenses and/or ways to mitigate damages.
Taylor C. Hartley agrees with this answer
A: Technically once you pass the last point of payment and have not paid, you have stolen the item. Best to get an attorney on board to assist you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.