Shoplifting, Larceny, Robbery, Theft Caught shoplifting $49 worth of merch, 1st offense. NY

Status
Not open for further replies.

taxonomy

New Member
I was at [a popular chain drugstore] waiting for a prescription to be filled. While exiting, a man stopped me in the vestibule (area separated by doors on either side between the store and outdoors) and I was escorted to a room, where he and another woman, presumably undercover Loss Prevention personnel, went through my bag, extracting about $49 worth of merchandise. They said not to do it again- that I could return to the store for my medications, but that they would prosecute if caught again- took my picture, wrote down my driver's license information, and then I was free to go. There was no police involvement, and they said my information was for their records. They did not mention anything about fines. They were actually very nice, saying that I was cooperative and seemed like a "good girl" (possibly because I broke down and nearly had a panic attack, and/or because my meds were psychiatric in nature). My questions are: what are the chances of my being sent a "civil demand" letter? Will they alert the police and pursue further prosecution? Will my information be entered into a state/national/chain-wide (this store is a very common chain store) database? I didn't sign anything or give a statement. This is my first ever time being caught shoplifting, and the first time I've shoplifted since I was a child. I have no criminal record. Thanks for any help- I am such an idiot. :(
 
The chances they will seek Civil Demand are about 99%. The chances they will file criminal charges less than 10% and even lower once you pay civil demand in my view
 
I browsed Civil Demand laws and am confused by the following excerpt for my state:

An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of:

a. the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars, plus

b. a penalty not to exceed the greater of five times the retail value of merchandise or seventy-five dollars,
provided, however, that in no event shall such penalty exceed five hundred dollars.

The merchandise they recovered was not tampered with in any way, and therefore I'd assume was in "merchantable condition"... but then, I am not a lawyer and I may be reading this wrong. Anybody have any insight on this particular bit?
 
Its a complicated issue. The cost to protect stores from theft is enormous. Civil Demand helps store recoup some of this cost. If the merchandise is in sellable condition then Civil Demand applies if not then they can seek restitution in criminal court. In your case the items can be resold. Your Civil Demand should be around $250.00 to $350.00 approx.
 
Thank you so much for replying so quickly. How long does it usually take for one to receive a Civil Demand? Is it sent through the mail, or delivered in person? The address on my license is for my father's house, where I used to live, and I'm trying to keep this a secret from my parents because I know how disappointed they will be. I deserve whatever consequences come my way due to the egregious lack of judgment on my part, and I will have to suck it up and be responsible.
 
How soon the letter comes depends on several factors. Could be days, weeks even, months. It will come to the address you gave store and will most likely come from a Law Firm
 
Was it duane, rite or cv s? This will help me give an accurate answer on the questions. It appears they are seeking civil recovery not prosecution.

Stay out of the stores and stop stealing. Drug store LP travel.
 
Norman Jr said:
Was it duane, rite or cv s? This will help me give an accurate answer on the questions. It appears they are seeking civil recovery not prosecution.

it's the c. And I absolutely will not be shoplifting again- I have been shaking and panicked ever since this occurred. I can't even give a reasonable answer as to WHY I did it, as I had the money to pay for the items.

Does my not signing anything have any bearing on the consequences? I did not say much or openly admit guilt, as the items being removed from my bag seemed to speak for themselves. They did photograph the items as well, but separately from the photo they took of me.
 
shrinkmaster said:
How soon the letter comes depends on several factors. Could be days, weeks even, months. It will come to the address you gave store and will most likely come from a Law Firm

oh boy...*imagines months of anxiety anticipating letter to come*
I hope if I get one, it comes quickly so I can just pay the fine and try to move on. Thank you for all your help, it is truly appreciated. This site is wonderful; I literally have nowhere else to turn for support.
 
If you like site then stick around and invite others. Far as getting Civil Demand quickly call store ask them if they sent request yet and for number of the civil recovery service. You might be able to pay with credit card over phone if they have the request yet.
 
I know that its a lot of pressure. A bunch of us have been in similar situations where we lapsed in judgement.

In regards to the place you were, they have traveling LP or it might have even been a district or regional LP person. I am confident they will not prosecute due to what I call the cost factor. It will cost them more in payroll etc than it is worth.

I would contact the company and their corporate office and ask for their contact for their civil demand. I would then check with them and do a change of address and a payment plan.

Good luck. Let me know if you have any questions.
 
Status
Not open for further replies.
Back
Top