Shoplifting, Larceny, Robbery, Theft Banned from costco

[JackKerouac]

On Friday I was arrested for shoplifting at a local Costco. I was stopped at the door and brought to the office where I was berated and photographed holding the product, a pair of headphones and a magazine.
I had to sign a form saying I would be trespassing if I tried to go to a Costco as I had been "banned forever." A police officer arrived and I was charged with petty theft. I am hiring a lawyer since I must try and get the case dismissed.
I am deeply ashamed and riddled with remorse. I am so devastated I am unable to sleep.
I am equally devastated that I have been banished.
I shop at Costco once a week and can't imagine going anywhere else.
Please do not be too hard on me in your responses as I am doing a fine job of beating myself up.
My questions are: has anyone successfully had a petty theft charge dismissed and has anyone appealed being banned from Costco.
Or conversely if I were to open a new membership using my full name with my passport ( my old card had my nickname which is on my drivers license) would I be discovered due to the photos that were taken?

 

[cbg]

http://www.costco.com/

Solves the whole problem.

 

[shrinkmaster]

I am a retail theft consultant and answer questions like yours daily. You have a few issues here so lets see if I can help. Before I do let me say its very unwise to name the store on a public forum.

Case being dismissed. I am guessing your talking about Diversion or the like. Your Attorney will explain. It works like a conviction with fines, probation etc but once you successfully complete program your case is dismissed (No conviction record) ask your Attorney if there is such a program and what it does exactly!
Ban.Many of my clients have contacted a stores corporate office and requested ban lifted. In many cases they were successful so it cant hurt.

Last and unrelated to any question you asked, Expect a letter of Civil Demand from store law firm. Talk to your Attorney on what you should or should not do about this civil fine here also is some other info on this http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 http://www.thelaw.com/forums/showthread.php?t=59980

 

[army judge]

My questions are: has anyone successfully had a petty theft charge dismissed and has anyone appealed being banned from Costco.
Or conversely if I were to open a new membership using my full name with my passport ( my old card had my nickname which is on my drivers license) would I be discovered due to the photos that were taken?

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If you're smart and wish to risk further embarrassment (and other legal ramifications) stay out of that store, don't even try to get another card.

That said, I've been told that some people in your position simply get themselves added to a relative's account, a friend's account, or a spouse's account.

Other people tell me they join BJ's Warehouse, or Sams Club and get that same Costco like fix.

I haven't heard of anyone successfully appealing a Costco, Sams Club, BJ's Warehouse, or any retail ban.

That doesn't mean it hasn't happened.

The people who beat these charges have NOT signed anything, admitted to anything, or made any statement upon their detection and/or subsequent arrest.

You didn't HAVE to sign anything, but you'd have still been trespassed.

That would have made defending against these charges easier.

Yes, people do prevail in these matters, but generally have remained silent, admitted nothing, said nothing, except, "I want to remain silent and need a lawyer."

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[cbg]

And I provided the link by which he can shop at Costco by internet.

 

[army judge]

And I provided the link by which he can shop at Costco by internet.

Yes you did, cbg.
I'm sure the OP could choose that option.
I bet very few, if anyone, has ever shoplifted from Amazon. :joke: :biglol:

 

[Betty3]

Here is info & law on civil demand letters Ca. You might want to discuss with your lawyer whether to pay.:
If you've recently been arrested for shoplifting then you will likely receive a Civil Demand Letter from an attorney demanding that you repay the retail store from where you stole. Sections (b) and (c) of CA Penal Code 490.5[1] state that it is your responsibility to pay the store for damages and loss property valued from $50 to $500. You will also be responsible to pay for any out-of-pocket expenses that the retail store acquired because of your action, namely their attorney costs. If you are a minor then that responsibility falls onto your parents.

The letter will also claim that if you do not reimburse the retail store then further legal action will take place, namely a civil law suit, where you will be required to pay for this as well (a filing fee for small claims court, $30).


[1] (b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that

court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.