wrongfully accused of shoplifting

[katias]

I have been shopping with my mom and sister in TJ Maxx in Pittsbourg, PA recently. my sister shopped around with her little baby in the stroller. she has put merchandise on the stroller and underneath it. while she was paying for her purchases, my mom suggested to take the baby outside.. with the stroller.. 2 items for a total value of 50$ remained underneath the stroller while we walked out of the store waiting for my sister to finish paying for everything but these 2 items. the store detective caught us at the exit accusing all three of us of intentionally concealing the items. she insisted that we were agitated and our behavior around the store seemed strange to her and that all three of us participated in concealing the item and therefore shoplifting. whereas this was really a big misunderstanding. have we not decided to take the baby outside the store, my sister would have noticed the 2 items underneath the stroller before exiting the store. the detective asked one of us to sign the civil demand document screaming and threatening to call the police.
My questions are:
1.can we and should we try disputing the accusation by sending a dispute or explanatory letter to the head office asking to review the video tape and explaining the facts? We were caught at the time my sister was still paying. the stroller is hers and my mom took it outside the store.
The store detective was very aggressive and made threats to call the police to make my mom sign the document.
2.what are the consequences - store penalty, legal action, prison? the item value is 50$.
3.coming from Canada, will this appear in my mom's criminal record in USA and Canada?
4.will my mom be banned from entering USA now?
5.what are the consequences if we decide not to pay the store penalty and can they still sue my mom even if she pays the fine?
Thanks in advance for your expert advice!

[retdetsgt]

You need to talk to a lawyer, not a cop. They're the ones who can answer your questions. A lot of your problem is with the store, not the police.

[mcsap]

I have been shopping with my mom and sister in TJ Maxx in Pittsbourg, PA recently. my sister shopped around with her little baby in the stroller. she has put merchandise on the stroller and underneath it. while she was paying for her purchases, my mom suggested to take the baby outside.. with the stroller.. 2 items for a total value of 50$ remained underneath the stroller while we walked out of the store waiting for my sister to finish paying for everything but these 2 items. the store detective caught us at the exit accusing all three of us of intentionally concealing the items. she insisted that we were agitated and our behavior around the store seemed strange to her and that all three of us participated in concealing the item and therefore shoplifting. whereas this was really a big misunderstanding. have we not decided to take the baby outside the store, my sister would have noticed the 2 items underneath the stroller before exiting the store. the detective asked one of us to sign the civil demand document screaming and threatening to call the police.
My questions are:


1.can we and should we try disputing the accusation by sending a dispute or explanatory letter to the head office asking to review the video tape and explaining the facts? We were caught at the time my sister was still paying. the stroller is hers and my mom took it outside the store.
The store detective was very aggressive and made threats to call the police to make my mom sign the document.
You could but you already signed the civil documents.



2.what are the consequences - store penalty, legal action, prison? the item value is 50$.
If the police weren't called , then store is going to go after you with a civil penalty which I believe is a max of $600.



3.coming from Canada, will this appear in my mom's criminal record in USA and Canada?
It is a civil penalty, not an arrest.

4.will my mom be banned from entering USA now? Doubt it.


5.what are the consequences if we decide not to pay the store penalty and can they still sue my mom even if she pays the fine? They will probably turn it over to the police for prosecution.
Thanks in advance for your expert advice!

In PA , we dont have to prove that you intended to steal as leaving the store without paying is evidence enough. At this point , there will be no police / criminal record. The store benefits because for a criminal prosecution , they get little money back. For the civil , they make money. If you just agree to this and dont contest it there will be no arrest record or court. They will probably ban you from the store and you will pay the civil penalty ( fine).

That has to be your call on how far you want to take it.

[Samuel]

I'm gonna go with the store's side on this one...

[Citicop]

I have to agree.

You were not "wrongfully accused" of shoplifting. You left the store with merchandise you did not pay for. That is probable cause to arrest by itself. You need to talk to a lawyer if you want the best possible answers, but I'll do what I can to help answer some of it.

The civil demand is just that, a civil fine to punish people who steal. You signed a form admitting guilt, so it is going to be hard to fight it out now. If you fail to pay the civil demand, you can be sued for the theft, and (I suppose) they could even call the police and have you charged criminally for the theft still. If you pay the civil demand, that will be the end of it. No criminal record, and no lawsuit.

-Citicop.