How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

hello,i live in galashiels and was in dobbie,s in dalkieth

Resolved Question:

hello,i live in galashiels and was in dobbie,s in dalkieth yesterday on a quick visit......had dog basket,2 candles,2 bones and a car freshner in my trolley....went into the food hall and got bits and bobs.....paid for them and went to walk out.....alarms went off....so i waited on a member off staff who asked for my reciept......i went to look for it.....never had one except for the food one......went to the desk.....they asked who served me.....i had a look,and realised no one had!! id been so stressed id forgot to pay!! they called the police,and i was arrested and charged with shoplifting!!im 44yrs old,never been in trouble in my life and i honestly thought i,d paid....im self employed and im worried to death,im soooo affronted,i had £620 on me,so its not that i did not have the money to pay,i was in to much off a rush......what can i do?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If the procurator fiscal elects to take this to court then you will have to get a lawyer to represent you. You could plead not guilty and be successful in that plea on the basis that there is no evidence that you intended to steal the goods:
1. You had money on you.
2. You had paid for other goods.
3. You made no attempt to resist being stopped at the barrier.
4. The facts point to this being an oversight.
I hope you told the police that. If so the PF may not prosecute at all.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

i got such a fright,that i cant really remember what i told the police,though i can remember offering to pay

Expert:  JGM replied 3 years ago.
That being the case all goes in your favour. I would try not to worry about it too much.
1. You may be offered a warning or a fiscal fine.
2. If you are prosecuted you would be able to put up a defence.