Q: I was detained at Walmart and given a court date for 10/28 (arraignment). Is there additional charges against me?
I mis scanned a few items during self checkout ($40 worth) I was stop by a guy and told to go in the security room. He checked my receipt and saw I had mis scanned a few items and asked why? I told him I was in a rush and it wasn’t intentional. He asked if I had my id which I didn’t because I left it in my car. He said if I didn’t have id he would have to call the police. I showed him a picture of my id and he created a file. Meanwhile the police showed up looked at the cameras then asked me if I intentionally didn’t scan the items. I told him no I was rushing. He then told me I was detained but he wasn’t going to arrest me because it was petit larceny and he gave me a summons to appear in court on 10/28. They (the guy and the officer) ask me if this has ever happened before I told him no. So I’m wondering do they have past incidents of me or trying to build a case or is this just protocol? I was very cooperative, they got there merch so why act like the police wasn’t already involved?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Virginia
- (804) 873-4004
- View Profile
- Answered
A:
Yes they are trying to build a case against you. That's why they were asking you questions. You can expect that they will review any prior visits to that store. I've seen clients go from one charge to 11 charges. So if you have a history of doing this then I think more charges might come down if their review of prior video shows anything.
However, if this was truly a one-time mistake, you might be able to get it dismissed at trial. It's good to contact an attorney about this and retain an attorney for the trial. I find these types of cases hinge on the extent to which it is plausible you made a mistake. I've seen clients scan a cart full of items and somehow miss the $200 to $300 Lego set where everything else is much smaller. It's unlikely you would win a case like that. So if you have a bunch of small items and have a high dollar item that you missed, that's unlikely to be a mistake. Now if you have a bunch of items and you missed a small item of $2 or $3, there's a good chance that looks like a mistake. But either way you can try to get it dismissed.
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.
