Took six months to get this out...

"So, you're actually taking me to jail?'
'Wow"...I said.
Now that I've started this thread, my heart is pounding because of the anger and frustration of what I'm about to recount.

A few minutes before my question to the policeman(corporate agent), I was rushing quickly through china-mart(wal-mart).

I had a few things on one side of the store and my wife was filling the cart with groceries, on the other.

I stopped to look at some sporting goods, and set a bunch of baseballs rolling on the floor. Whilst I was picking

up the baseballs, I had my hands full and unknowingly slipped one in my pocket. (it was still wintery, and I had

my winter coat on.) So the baseball remained in my pocket long enough for them to snatch me up and charge

me with a crime. We purchased 250.00 dollars worth of merchandise moments before the loss prevention team

came down on me. Seperating me from my wife and not allowing me to just pay for the stupid baseball.

Okay, I've had months to come to terms with this justice system that I had to witness because of my crime.

The police drove 30 miles to pick me up and 30 miles to book me into the county jail. It cost me 450 dollars to

bail out, not to mention the jail would not dispense medication that I had in my possession with a valid

prescription. They laughed and gawked at me. I'm a 42 yr old average white guy, who raises 3 young

children and is a big brother to a 45 yr old developmentally disabled man. I am not a thief.

I explained to the ignorant prosecutor who said "We need to go ahead with all cases like this, we can't have theft

in our community." Okay fine. Like I said, I came to terms with the fact that the item was in my possession

unpaidfor. Before I approached the PA, I approached a couple lawyers who wanted 1500 dollars to handle my

case, the PA agreed to a pre-trail diversion, if I pay 400 dollars. The 400 bucks was itemized on the receipt, and

the money was going to like 15 different agencies that had nothing to do with law enforcement or the courts,

including DNA processing fee, which was never done on me, so it must be a fund...unless...

So, I get home with my pre-trial diversion, and it says on there that I need a drug abuse evaluation??? Fine print,

half way down the paper...the clerk came out to the court room, and we both signed it on the back of a chair, no

questions asked.

I think, I just might not do that and just let the charges come back up, if the state so wishes. I do not feel like

participating in their little fund raising game anymore. What would they do if I just decided to let it go to trial, and

let a jury of my peers decide my fate for my crime.

P.S. China-mart loss prevention said that they are not going to persue a no-trasspass order for me, why?

Because they know I wasn't stealing, and that I was only making a mistake.

That is ridiculous! unless you are a klepto why can't they see that you could have easily purchased the ball especially since you actually spent quite a bit of money in their store? This kind of stuff makes me so angry..

reply to post by reverandrandy

I wasn't stealing, and that I was only making a mistake.

Indeed, that seems legit.

Makes you pissed off when banksters do steal - and they are NOT making any mistakes when doing so.

Sometimes the enforcers of the law "cannot see the forest through the trees unfortunately" - and you word v's the apparent crime is testament to that.

Guilty - regardless of innocence, seems the flavour of the day.

I believe you that it was simply an innocent mistake - sane people don't part with $250 so you can thump a baseball.

Okay, Im not done.

I've laid out the basics of my rant, but to be snatched up out of your life and held in a rubber room, denied a phone call "until I settle down", which was not an option without my medication, which they refused to dispense, going so far as to offer me tylenol, which would counterdict with other meds I was on and possilby cause liver damage. And All This, over a #ing baseball, at chinamart.

I have vowed to never set foot in walmart again. Which I have not done,

not even once, since February 2012.

Sooo, lets see: They even took you to jail over a "theft" of about 5$?
You could see the alternative here in Germany: Thieves with their pockets full of real values are NOT taken to jail, their names and adresses are noted and thats about it. Usually they have a much longer criminal record, but I don't think that this should exempt one from going to jail.

I like your way better - even if it hit you personally hard, thats for sure! There should be some kind of compromise between these two extremes: Maybe if your criminal record is extensive, you should go to jail, otherwise (first time thief) not.

reply to post by Sublimecraft
thank you for believing me, you are correct...and the loss prevention were well aware of this also.

I know

that people steal from them, and they have to prosecute, but they should be allowed to use some judgment and

decide when to actually put someone in the custody of the sheriff, and when to just let the people just pay for it.

For the record, I had a DUI in 1995, for which I completed all requirements, but otherwise clean record.

incarceration? strip search and removal of false teeth? first call allowed 6 hours later?

For a baseball???? $1.56 has cost me over $1000.00, and they want more.

this all sucks very much. but heres what you did wrong. you stopped for a guy who works at walmart. drop the ball walk away dont talk they touch?, you sue.further more walmart cannot prosecute for a theft under 25 dollars.
know your rights or you will be trampled.

That is terrible. I hope your wife did not purchase the other $250 worth of stuff, left the cart where it stood, and told them to shove it where the sun don't shine.

reply to post by zonetripper2065


They very much DID prosecute, only to be deffered by the court...I am testing them right now, by not complying

to their, pre-trial agreement. We will see if they re-establish the charges against me.

They also prosecuted a local highschool student who stole 6 dollars worth of decorative chain a couple years

ago, loss prevention will have you picked up by local police. Trying to drop the baseball and walk away would only have been an option had I ever thought they were going to arrest me. I had no clue I was under arrest until the policeman came over to me. I was under the impression that they were guiding me towards the registers when I was directed by a police officer to step into a room.

Op, I did something similar once. I actually walked out of a store carrying two bras in my hand....I forgot they were there. I walked past the security guard. he didn't notice.

So, I tried to take the bras back in to pay for them....and the security guard noticed then. Spent the next half hour explaining the situation. Luckily, the manager believed me, let me pay, and that was the end of it.

Can you get a public defender?

Originally posted by micmerci
That is terrible. I hope your wife did not purchase the other $250 worth of stuff, left the cart where it stood, and told them to shove it where the sun don't shine.

We had already purchased everything, and yes we left them everything and demanded a refund, which took forever and my poor wife was so worried about me, she just returned the ice cream and the other refrigerated stuff...it had gone bad in the 1 1/2 that it took for them to get her the car keys, which were in my pocket.

It was all so stupid, and I've lost all respect for their pettiness.

Hell i stole a sattelite radio from walmart once. Had changed my mind on which one i wanted, and paid for one in electronics. Left both in my cart and walked right out.

I got to my car and was like....omg. so i just snuck the stolen item back into the store....lmao.

I even worked at that walmart for about a year after that.

Walmart can prosecute for anything, anyway. They pretty much have a policy of $25 or over before they prosecute....because the cops dont have time.

Wtf....

Im not even sure i believe this story.

So, I knew my name was gonna make the local news-paper, if that is what you want to call it.

The paper said, " Blank-ety, blank, age 42 was arrested at 2:30pm for receiving stolen property a class D felony, he is being held in the Blank-ety County jail with a $4,500.00 bond. He is scheduled to appear in court tomorrow morning."

A lawyer told me that the law in my state is very iffy when it comes to the line between petty theft(criminal conversion) and felony theft. They could technically charge you as a felony, I was told, and told again. That is why the news-paper refers to these cases in that manner.

So, now I know that all these times I've ever read about theft, and receiving stolen property in the police blotter, it most likely was just a petty theft or a mistake, not a felony, with our men in blue coming to the rescue of these victims, just a pack of gum possibly. What a misleading bunch of cowards the media have become.

reply to post by phroziac


Trust me sir, every word is true, I live in a small town, the cops ARE NOT too busy where I live

reply to post by reverandrandy


Your experience is another example of things being out of control. As much as I hate to say it you just can't trust anything , everyone is literally out to get you. Make sure you file a complaint with corporate for the gross mishandling of the situation. You can't fight walmart in court but you can fight the managers through the chain of command. Make sure someones loses their job.

There would not be a "trial", with a jury, as what you did is petty larceny. Most that would happen, you go to court wait your turn for your name to be called, stand in front of the judge and plead guilty. Likely he/she will let you go for the bail. You won't get that back.

The paper seems to have trumped up the charges for story sake.

When I worked retail....quite a few times sadly.....It was our stores policy to watch and wait until the person stepped one foot out of the building and then....boom.....stealing was proclaimed. We had our guys walking through the store watching and yes....profiling "suspicious" customers. If they saw anything they were told to keep a distant eye but to follow. If the items were not at check out, or if they were not on the receipt, then the customer was asked to return to the store and that's when it gets all technical and security and police become involved, the camera tapes are viewed....blah, blah, blah.

This is also the policy at target, because my neighbor got arrested there last summer the moment she stepped foot out the door. The "loss prevention" guy was right behind her. They took her in, reviewed the tapes and that was it, cops were called.

It doesn't sound like this was the case in your situation......you really need to fight this, I think what the Walmart folks did to you was in a violation of store policy....I have never worked for Walmart, so I am not familiar with their specific store policy, but I am pretty sure this is true of most of the big retailers??!!!

Ask to see walmarts store policy! Get a lawyer and fight this one! I wish you the very best and hope you can nail them....keep us posted. That was a huge injustice and caused you and your family a whole lot financially and emotionally. So sorry, I hate to hear things like this.

In Mississippi where I have lived about 85% of my life, if you fail to follow a court order, a warrant will be issued for your arrest for Contempt of Court and you will be looking at a minimum of $100 to a max of $1000 and up to 6 months in the county jail and its usually about and $800 fine and 1 to 3 months in jail without a lawyer. With a lawyer the fine might be about $350 to 500 and 6 month probation. I am not a lawyer but me and my friends have dealt with them enough to know its not about justice and being fair, but to make money for the city and make the community have a false sense of safety. The municipal court judge in my town has also been my personal lawyer and a family friend for years but when he is wearing the robes and behind the bench I get no favors. Never do something to show the courts that you are not willing to play ball and make amends even if you have to grit your teeth and curse to yourself the whole time or you will end up like me and serving a year in the county jail for somethings I honestly didnt do. By defying them, they "Showed Me" not the other way around.

I think I should kinda clarify my last post. Since you were charged and convicted of the theft. That issue is closed. By failing to complete what the judge had ordered you will be charged with Contempt of Court so you will have a whole new charge and case. They old charge wont be mentioned in court only the evidence of you not doing what the judge said and since it will be the same judge that issues the contempt warrant he will already be pissed at you for not "respecting his Authoriti."

reply to post by phroziac


I'm not sure I believe it either.There's no way they prosecute you over a friggin baseball.I should know,I worked in retail my whole life and I've caught many people stealing small things,especially kids with candy,gum etc.I've caught adults stealing meats,medicines..most were told to pay up(which they did) and then banned from the store.And if they couldn't pay,then the cops were called.Unless it was over a certain amount they were just escorted from the store and NOT arrested or prosecuted. I'm not so sure we're getting the full story here,no offense op.It's just not believable.