My question involves criminal law for the state of: Florida
My gf was accused of shoplifting at Kmart. The first accusation was "where are the men's pajamas you took" After a search of the bookbag, no men's pajamas were found in her possession.
Our son is on one end of an autistic spectrum and has been diagnosed with sensory processing issues. (he's 5) Things that do not bother the normal person can cause a thermal nuclear meltdown with our son.
She had a kids shirt under her arm for our son and he started to freak out while behind her friend in the checkout, so she was headed to the door to take him outside which is usually the best thing when he gets like that. Before she made it outside she was confronted and accused of shoplifting. Just like everyone else I have read about it, she was led to a room and presented with the option of paying a civil fine and no criminal charges would be filed. It was described as "you agree to our terms or we are calling the cops".
I guess what I am wondering, is what constitutes shoplifting? The property never left the store. She never went outside with it. They have invoked that she must pay $450 to not have criminal charges filed. Obviously, if she needs a lawyer, their fees would probably exceed the fine. Simply put, I realize if she just pays the fine, everything will be fine. But to me, it sounds like the employee making the accusation will be entitled to some kind of commission as it sounds like she was "strong armed" into admitting wrong.
Are their grounds for counter-suing to have kmart pay the legal fees?
I just don't see where a crime was actually committed.
Thanks in advance for replies.
O
My gf was accused of shoplifting at Kmart. The first accusation was "where are the men's pajamas you took" After a search of the bookbag, no men's pajamas were found in her possession.
Our son is on one end of an autistic spectrum and has been diagnosed with sensory processing issues. (he's 5) Things that do not bother the normal person can cause a thermal nuclear meltdown with our son.
She had a kids shirt under her arm for our son and he started to freak out while behind her friend in the checkout, so she was headed to the door to take him outside which is usually the best thing when he gets like that. Before she made it outside she was confronted and accused of shoplifting. Just like everyone else I have read about it, she was led to a room and presented with the option of paying a civil fine and no criminal charges would be filed. It was described as "you agree to our terms or we are calling the cops".
I guess what I am wondering, is what constitutes shoplifting? The property never left the store. She never went outside with it. They have invoked that she must pay $450 to not have criminal charges filed. Obviously, if she needs a lawyer, their fees would probably exceed the fine. Simply put, I realize if she just pays the fine, everything will be fine. But to me, it sounds like the employee making the accusation will be entitled to some kind of commission as it sounds like she was "strong armed" into admitting wrong.
Are their grounds for counter-suing to have kmart pay the legal fees?
I just don't see where a crime was actually committed.
Thanks in advance for replies.
O
Retail Fraud / Shoplifting: Kmart Shoplifting - What Constitutes "Shoplifting"
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