Falsely accused of shoplifting in Debenhams

[stevemLS]

Re: Falsely accused of shoplifting in Debenhams

Theft is an offence which is triable "either way" meaning you could request that it be dealt with by a judge and jury in the crown court.

For such a petty offence, though, I have my doubts about whether it is worth it and you do run the risks of having a greater costs award against you in the event that you are convicted.

The magistrates are unable to give you a caution, it is possible though as you are of good character that they could give you a "conditional discharge", which means that provided you behave yourself for, typically, 12 months, then you won't have any further penalty.

Persist with trying to get a solicitor. Then ask them to request the CCTV footage.

Best wishes

[privatetrey]

Re: Falsely accused of shoplifting in Debenhams

When u say conditional discharge does this by any chance come up on my crb....Iam more worried abt my work coz that's all I have and really wanna get my name cleared and return to my normal life.

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

I have tried to look for another solicitor with no joy unfortunately they state that the crime is small that it's either get acquitted or caution or fine if I remember well. They r not willing to take my case as apparently I have no previous conviction cut won't lead to jail do my best bet is duty solicitor which Iam using at the moment and not happy with or to use the one provided on the day. Should I be cleared of committing this offence I am planning on asking for my stuff back as am not happy abt them taking them considering the lady at the store said there was not proof there were bought there when I tried to exchange. Another thing if anyone can ad is I been told that I should request my case to be heard in high court as it will be best for me. You state I should request cctv footage will the store provide me this without any hassle or shld I ask the solicitor to do so on my behalf...

Do you know how these items were paid for? If this goes down the legal route probably the can will get kicked down the road and not heard until???? So you need to do things now. If the items were bought with card. Bank statement will show the transaction. If they were purchased by Mr Y then he will have some kind of idea of time and at least the day he bought them. Also were they paid together or separately? This is important. The till journals are still around. Even if they were bought with cash and separately they will show as 2 transactions close together for the goods in question. Surprisingly good indication that they were legitimate. I have used that myself in the past to confirm a transaction where customer had no receipt. If you do these things now before the legal snail gets moving hopefully you can get this resolved.

[privatetrey]

Need advice please help!!

I was accused of shoplifting perfumes got charged going to court but the problem I have is my friend admitted shoplifting and was given a caution and this is making everything difficult as I am pleading not guilty and the security guard is saying he saw me stealing. I been advised to get the receipts for the perfumes but I can't as I don't have any. I wanted to change the perfumes for the ones I want but lady refused then the security guard states I stole them in the shop on the day. Now it's my word against his but there is an issue of my friend admitting stealing.What chance have I got and what advice can u offer. I would appreciate any help as this is stressing me and am a new qualified social worker and can't sleep with stress.

[des8]

Re: Need advice please help!!

Did you follow Mineral's advice given on your earlier thread and get your defence lined up?

[privatetrey]

Re: Need advice please help!!

The store says they don't have any cctv just the security guard statement. I have a lawyer and has advised to get receipts which I don't have and these were presents all I wanted was to change to the ones I like. The problem the lawyer states my friend statement to admit makes me look guilty
I know a caution is better but what makes me angry is I didn't do it and to top it off they took my things. So how do I contact the store about their stoke take or should I suggest this to my lawyer??

[des8]

Re: Need advice please help!!

I thought that in a criminal trial a companion's admission of guilt was not made known to the court until after a verdict was reached.
Anybody know for sure what the position is?

[Lowry1234]

Re: Need advice please help!!

The store says they don't have any cctv just the security guard statement. I have a lawyer and has advised to get receipts which I don't have and these were presents all I wanted was to change to the ones I like. The problem the lawyer states my friend statement to admit makes me look guilty
I know a caution is better but what makes me angry is I didn't do it and to top it off they took my things. So how do I contact the store about their stoke take or should I suggest this to my lawyer??

Stock Take how would that help you? would it not be better to get a receipt from the friend who bought the perfume can they not show how they paid for the items?
bank statement credit card....how did friends pay for these? Is this what your lawyer suggesting?

[privatetrey]

Re: Need advice please help!!

I don't know much about law but the cps has the statement of my friend pleading guilty so I don't know what they are planing to do
iam going to a magistrate court
i have asked for receipts at least one my sister said she will look in her storeroom but that's me keeping my fingers crossed as it's been at least 4months

[MissFM]

Re: Need advice please help!!

Hi PrivateTrey,

A link to your previous thread for background: http://www.legalbeagles.info/forums/...g-in-Debenhams

IMVHO your solicitor needs a sharp poke to get more pro-active in your defence. The information and evidence that Mineral advised you to get will recede with time and may already be unavailable.

If the friend who gave you the items has no receipts then perhaps you could ask him to swear an affidavit that he bought them and gave them to you, including where and when.

Instruct your solicitor robustly (and urgently) to pursue the other evidence (as outlined by @Mineral1) in support of your innocence.

As things stand, in British law the presumption of innocence is still paramount and all you have to do is tell the truth. It's up to the prosecution to prove that you are guilty beyond reasonable doubt; from the story you have told here it seems that there is plenty of reasonable doubt and very little - no - actual "proof".

I don't know whether Des is correct in his post 4 above, but in any case the fact that your friend was shoplifting is no proof that you were so doing, or even that you were aware of her actions. I would have thought that your emphatic denial despite the immense pressure put upon you at the time and subsequently would count in your favour.

This is just my opinion based on the route I would take in your position and I really hope you will be able to direct your energies and those of your legal representative to clear your name quickly - it's to be hoped that the prosecution will withdraw when they find they have no credible case.

Good luck.

[privatetrey]

Re: Need advice please help!!

Thank you
this helps. I just felt under pressure like everyone wants me to accept and get this caution without even looking into it. I even doubt anyone looked at the cctv because apparently it was working but didn't catch me at no point when going in or about like I don't know how the cctv works but I wld expect some footage wld show I really prayed and begged them to look at it and was told there wasn't any.
I will write all this down and get in touch with my solicitor
what worried me was she said stop trying to prove ur innocence but let's try to discredit the guard how do I do that
thank for all if respone it feels better coz this is weighing me down

[MissFM]

Re: Need advice please help!!

Thank you
this helps. I just felt under pressure like everyone wants me to accept and get this caution without even looking into it. I even doubt anyone looked at the cctv because apparently it was working but didn't catch me at no point when going in or about like I don't know how the cctv works but I wld expect some footage wld show I really prayed and begged them to look at it and was told there wasn't any.
I will write all this down and get in touch with my solicitor
what worried me was she said stop trying to prove ur innocence but let's try to discredit the guardhow do I do that
thank for all if respone it feels better coz this is weighing me down

Unbelievable though it may seem, there do exist solicitors that are lazy, incompetent and who don't believe in putting themselves to much trouble for their clients. If she doesn't pull her finger out find someone with a bit more ooomph. :tinysmile_twink_t2:

[des8]

Re: Need advice please help!!

Your solicitor is right saying you don't prove your innocence.
The corollary is as MissFM says the prosecution must prove that you are guilty beyond reasonable doubt.
What "evidence " do they have? The prosecution have to disclose it before trial.
The security guard alleges you picked up items and removed the security tags. If he saw this have they produced the security tags? Where was he to be in a position to see you remove the tags? What did he see you do with the tags and why didn't he collect them?
and it isn't really believable that there is no CCTV evidence.
Let her trip the security guard up in court.
They don't seem to have a very strong case IMO and you have a reasonable explanation of why you had those goods.

[Mineral1]

Re: Need advice please help!!

No.... Look I ran a shop for 14 years and they will tell you its all stacked up against you but it's not.... Write to the store meantime (address the letter to the manager) and ask politely for your goods back...
Unless the shop can prove you didn't buy the goods they are yours... They are your legal possessions. Don't sit there as the guilty party, asset your rights as a consumer.:tongue2:

[Mineral1]

Re: Need advice please help!!

Your solicitor is right saying you don't prove your innocence.
The corollary is as MissFM says the prosecution must prove that you are guilty beyond reasonable doubt.
What "evidence " do they have? The prosecution have to disclose it before trial.
The security guard alleges you picked up items and removed the security tags. If he saw this have they produced the security tags? Where was he to be in a position to see you remove the tags? What did he see you do with the tags and why didn't he collect them?
and it isn't really believable that there is no CCTV evidence.
Let her trip the security guard up in court.
They don't seem to have a very strong case IMO and you have a reasonable explanation of why you had those goods.

When I had my shop I had a radio link so I heard these type of incidents as they occurred.... You would be amazed how little effort can be put into actually checking the validity of these 'crimes' when they then ended up in the court section of the local paper they tended to fall apart.....