Wal-Mart's Self Checkout's and Petti Theft defense

 

I cannot tell you how many good people come into my office after using the Wal-Mart self-checkouts after being charged with a Petti Theft. Sweet old ladies, college students, veterans ect., Walmart doesn't care they will prosecute you anyways. The bottom line is profits. 

This doesn't just happen in Caldwell, Idaho. It happens all over the country. Thousands of Walmart's have switched to the self-checkout options in favor of lower costs which are rarely if ever passed back to the consumer. These self-checkouts present a huge problem for me and some of my fellow attorney agree they should be disbanded. 

Now Fred Myer, Target, and other stores seem to take different approaches and those we don't care as much about. The problem is with Wal-Mart and how they have zero regard for their customers and do not give them the benefit of the doubt. Let me explain. 

Back before self-checkout's, the way you paid was either at the customer service desk, or at the checkout's in front of a real person. If that person made a mistake the clerk would then correct the mistake and give you the benefit of the doubt. Before the clerk could be a checkout person they had to do training. The training consisted of troubleshooting minor till issues, costumer service, and of course knowing how to ring someone up by scanning the items in the kiosk. 

Then Wal-Mart and other companies realized they could make higher profits, by having you check the items out personally. Wal-Mart would then need to train less cashiers. After all they could have 2 people simply managing about 8-12 separate machines. In theory the consumer benefits by having instant access to the checkout system. 

Since then, people have came into my office in various ways. There are about 3 types of people I see that come into my office. 1. The intentional thief (this person had the intent to steal when they went into Wal-Mart but then changed their mind) who never left the store. 2. The distracted shopper. This is a person who gets a phone call, text message, or is just having a spacy day and forgets to scan the items. 3. A person who thought they scanned everything but didn't. I see this alot with older people who dont know how to use the self check-out system and they cannot hear well.  

Wal-Mart doesn't care about which one you are, you are all thieves to them. They encourage prosecutors and police officer to prosecute you as well. In the recesses of every Wal-Mart is a large and sophisticated "loss prevention" room with surveillance camera's watching everyone's move, especially at these self checkouts. 

The little old lady who forgets to bend down to get the case of soda under her cart, then goes by the blue vested guardians, but then she is stopped before she leaves the store, is carried away into a little room, then another person interrogates them, obtaining a confession that they stole from Wal-Mart. Think it's not going to happen to you? I have seen things as little as $10 in the system.

When the Officer from Canyon County, Idaho State Police, or the Caldwell Police Department, shows up, they charge petti theft on what you told the loss prevention person. How do you get out of this after your charged? Plead not guilty no matter what!  

Here are some tips and defenses

Defense #1. I had no intent to take anything. All thefts in Idaho require intent. To prove intent they generally use your own words against you. "I forgot" is good at first, but then they will press you and twist your words. Its best to stay nothing and let an attorney say their is no intent. Its always good to point out that you had money in an account or cash on hand to show them that you would have been able to pay had they allowed you to. 

Defense #2. You never left the store with the item therefore its not theft. You need to have the intent to permanently deprive the owner. If you never leave the store, how can they establish you were stealing? 

Defense #3. They cannot prove the machine is reliable or that they have footage of the incident. Sometimes this is a great defense because Wal-Mart has so many thefts they cannot keep them straight. Its common for Surveillance videos to get lost or misplaced. This can be great for your petti theft case. 

Tactic #1-Take an Anti Theft Course. Many prosecutors will dismiss if its your first time with proof of completion of an anti theft course. 

Tactic #2. Letters showing your good character are important to the judge and prosecutor. Make sure they are filed to rebut a presumption you were stealing. 

Tactic #3. Do community service. Theft is a crime against the community. It hurts all of us with higher prices. Try giving back to make amends and provide proof of it to the court. 

Tactic #4. Pay for the goods as soon as you can if you left the store with them. It shows you weren't trying to steal them in the first place, and now there is no damages for Wal-Mart to care about. 

Since petti theft charges have obvious employment consequences, its best to consult with a criminal defense attorney, as soon as possible, after you get these charges. The attorney can help reduce, or dismiss the charge based on each set of circumstances. If you or a loved one needs help, please don't be afraid to call my office in Caldwell, or visit the website by clicking here for a free consultation.