Shoplifting, Larceny, Robbery, Theft Shoplifted. No Citation, No Arrest, No Police Report..What Happens?

M

miamiheats

New Member
Hello, a few weeks ago I was caught shoplifting. Loss Prevention told me that since I was calm, cooperative and polite that I would not have to go to court or have this go on my record. They had me write my info down on a piece of paper (name, address, eye color etc..) and also took a picture of my drivers license. Police did come but all they did was look at my drivers license and then told me "If I catch you shoplifting at this store/mall again I will have you arrested." I assume I have been given a warning. I was also told that I would receive a civil demand letter and I plan on paying that ASAP. After that he had let me go. I have been checking on my local county website on the police reports and nothing has been reported about my situation.

What will happen next?

How long does it take to send a civil demand letter? If a year passes by are they still able to send one?
 
There won't be a police report. You will eventually get the demand letter and if you opt to pay it that is your choice. Know that you have no obligation whatsoever to pay the demand. It is not a fine, it is a request. You will hear many stories and scare tactics to persuade you to pay, but the truth is it is not cost effective to pursue every shoplifter in in court. If the merchandise was recovered undamaged it is even less likely that you would be pursued as there was no loss.
Expect the demand to be in the neighborhood of $200-300.
When the letter arrives I suggest you take it to a local attorney for a quick consult to determine what your action should be.
 
Not I or anyone else can tell you want action (if any) will be taken if you ignore Civil Demand. Before you make that decision read the links I gave you. They explain what Civil Demand is (recovering merchandise has nothing to do with it) and what consequences could be. The other link is someone who ignored letter and the consequences they suffered. Its a crap shoot so you have to ask are you a gambler?
 
I've seen many lawyers say not to pay civil demands. If you can settle for a much lower sum than is usually asked, perhaps it might be worth your peace of mind. Attorneys generally advise not paying because (a) they aren't the one worrying, lol; and (b) chances are small that these cases are taken to civil court. That said, there can be consequences, such as having your name and information entered into a national retailer's database which can be used for hiring decisions. If you've been caught on camera it is possible the store may choose to try to have the district attorney prosecute you for shoplifting. Typically that happens when the police are called while you're in the store - which you did. Even though they didn't arrest you, the store can take try to take it further. Some stores decide to try civil cases in order to set precedent and scare others from shoplifting.

It's difficult to tell you what to do. I'm just telling you that most attorneys will tell you that the odds are usually in your favor that it won't go further beyond scary demands. Whether you want to take a chance that you won't be made into an example is your choice. Best of luck whatever you decide to to do.
 
Will I be criminally charged? Will I have to go to court for the crime I've committed? As in the stealing part, not the civil demand.
 
miamiheats said:
Will I be criminally charged? Will I have to go to court for the crime I've committed? As in the stealing part, not the civil demand.
Click to expand...

No one can say whether or not you WILL face charges, only that it is a possibility - a possibility that may increase if the civil demand is not paid.
 
Like I said its a gamble. Filing a criminal complaint is one of several options available if you ignore Civil Demand. We cannot tell you if the store will take any of these actions if you ignore Civil Demand we can say that ignoring letter could increase chances store will take one or more of these actions
 
No one on an internet forum can know what the store might do (if you might be criminally charged). As noted; if you don't pay the civil demand, the chances "could" increase.
 

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