What Happens When a Person Develops “Magnetic Fingers” While Shopping?

Here is a typical scenario. Amina, a 14 year old, walks into Wal-Mart with her 16 year old friend Sally.  Unknown to Amina, Sally hides two Wal-Mart lipsticks inside her purse. They walk out of the store and Sally never pays for them. The security officer however, saw her take the items. Both Sally and Amina are immediately arrested as they exited Wal-Mart. The security officer queries Sally about her magnetic fingers. He recovers both lipsticks. Total value of both is $21. Despite the recovery of the items, the police are called and both girls are charged with the criminal offence of theft under $5,000.

Here is why: When a person takes and removes the property of another without consent and with the intention of permanently depriving the owner of interest in it, the law regards that as theft.  “Shoplifting” is theft and all thefts within the Canadian Criminal Code are categorized as either thefts under $5000 or thefts over $5000.  There is no such offence in the criminal code as shoplifting. This amount of $5,000 separates less serious offences from more serious offences.

Most retailers make it a policy to arrest and press charges for anyone who steals from their stores in any way shape of form. Arrests will follow from activities ranging from either shoplifting, changing price tags, or making false returns.  After the arrest, they call the police who will come to the store and serve the suspect with a Promise to Appear. This commands the person alleged to have stolen to appear at the Police station on a particular date to have his/her finger prints and photographs taken before the court date.

Shoplifting is a common offence. It is however very seriously committed by people with no criminal history or involvement with the court.  Although theft is considered a crime of dishonesty, people with good morals may find themselves charged with this offence.

An arrest for shoplifting is embarrassing and stigmatizing.  A criminal conviction for theft under $5,000 can stand in the way of good jobs, it can bar candidates from certain post-secondary education, and can lead to a significant reduction in income over a lifetime. It also has a potential for denial of entry into certain countries, including America.

A Promise to Appear is a document that compels you to show up in Court at the date and time specified in order to answer the allegation. This is not the trial date.  This is simply a date for the defendants or their lawyers to attend and obtain particulars of the allegation.  For shoplifting charges, we usually attend on behalf of the accused to obtain disclosure and ensure the Court is aware the accused is represented by counsel.

If you or a loved one have been charged with theft under $5000 or theft over $5000, contact Odetoyinbos LLP to be represented by an experienced lawyer.