Hi,

Yesterday I had the unfortunate mishap of being apprehended at a store for theft under $5,000. I had all my children with me and it was a complete accident. I ran out of the sstore looking for my lost cell phone and had unpaid merchandise in the stroller worth about $50 or less. I explained that I had every intention of paying for it, but my state of mind with all the kids and thinking I had left my cell phone outside in the mall, plus being late for sports event for my son, etc. They did not call a police officer and said that becaiuse I had never been in trouble before they would release me. They said I would get a letter in the mail from the police, that might contain a summons. I have been banned from the store for 6 months. I am terrified this will go on my record, I have never done anything like this before. How much further can this get with the police now and what does being banned from the store mean, I can't go in there at all, how do I explain to family members that I can't go into a store. I buy all of my baby needs from there.

Offer some advice. Very worried. I just received a paper :apprehension of adult"

Contact an attorney. Shoplifting has become a major problem for many stores so they take seriously any attempts to leave the store with unpaid merchandise. An attorney will help you navigate the court system. Without any prior record, you will probably get probation at most, and then your record will be expunfged after probation. And yes the store does not want you inside it for 6 months. Failure to obey that ban could result in them pressing charges further.

Probation meaning?

What is a summons by the police? Will I go to court for sure or how do they make that conclusion?

Probation meaning don't get into any trouble for the probation period.

A police summons would mean that you would be ordered to appear at a police station where you would be formally arrested and given a court appearance ticket.

They can formally arrest after the fact, wouldn't a police officer need to be present at the time of the incident so I can defend myself and explain what truly happened.

No, not at all. The time to defend yourself is in court. Essentially the store security made a citizen's arrest. They have to decide to press charges. If they do, they make a complaint to the police who follow-up with a summons.

I wasn't told if they were pressing charges, they did tell me though that they were sending that sheet down to peel police and if they decide to pursue it they would send me a summons to appear in court. What are my chances here? I am so terrified I am out of myself with worry. I jut spoke to Legal AId and they advised me to just wait and see if I get any demand letters or what the police will send. Is there a chance I won't get anything from the police or just some type of warning letter...

Should I be contacting the store with a letter of apology or is it better left alone.

There is a good chance the police will not pursue this. Legal Aid gave you good advice to wait and see. The more time that goes by without hearing from the police, the less likely you will hear anything.

I would send the store a letter of apology, but its not necessary.

I am just worried if I send them a letter it just might bring it up again if in fact it was forgotten. How can I find out if the store did charge me? They did tell me I was under arrest for theft under $5,000 when I first walked in but after everything I was told by the guy that it was a mistake I should learn from it and move on. I am so afrain of what the police might send , it is it likely they will send me a date to be fingerprinted? I live in Ontario, Canada

If you are worried about sending an apology opening this up, trying to find out whether you have been charged is even worse.

I already told you there is a good possibility the police will not pursue this. The chances they will decrease with each passing day. I know it hard not knowing, but even if you do get charged, you can deal with it then. So I would just forget it and go on with my life until you do hear something more.

Hello Ry:

The first thing you should do, is KEEP YOUR MOUTH SHUT. Speak only with your attorney. Do NOT call the store. Do NOT write them a letter. DO nothing, other than hiring a lawyer. If you aren't going to do that. Then DO nothing.

IF you are prosecuted, you will be taken through the system. Of course, you'll be fingerprinted and a mug shot taken of you. If you are NOT prosecuted, then NOTHING will happen.

excon

Thank you for your help,

I worry too much about everything and willso until I receive something (which I pray to God) I won't, I'm sure you've heard this many times before.

I am just so ashmamed and to think that they can pursue this still, kills me. One last question if I were charged would I have been told or would there be any additional paperwork or protocall.

Do you really think I should get an attorney? I think I should wait until I receive anything in the mail.

if I were charged would I have been told or would there be any additional paperwork or protocall.Hello again, Ry:

I think you better get a handle on what you're up against. This is NOT a teaparty. They're not going to invite you to visit them. If they're going to bust you, they're not going to call first. They don't care than you're misunderstood. They're NOT nice people. They really, really do want to put you in jail.

Yes, Yes, I know you think the cops "help" people. Bwa, ha ha ha ha.

excon

I have to disagree with excon here to some extent. In THIS situation, IF the police decide to pursue it, they will most likely send you a document suggesting that you appear at the police station. If you fail to appear an arrest warrant will be issued. I doubt very seriously if a police officer will be sent to arrest you for a crime like this. They have too many other things to do.

IF you get such a letter, then you NEED to contact an attorney who will make sure your rights are protected. Do NOT count on the police to protect your rights.

But until you get such a letter or, the unlikely event that a police oifficer does show up with an arrest warrant, I would just do nothing.

Hello again Ry:

Well, I don't think they're going to arrest you either, really. I was just trying to get you to understand the relationship between the parties.

excon

I do get the seriousness of this incident - don't underestimate that.

I just can't stand waiting around not knowing what's going to happen. How long can this linger over me, (the fact about the police sending me something to come down to the station) how long is it safe to assume nothing will happen...

It wasn't even clear if I was banned only from that Walmart or all walmarts - will they know if I just go and buy milk or something. This will NEVER happen again.

Hello again, Ry:

In Canada, I believe the statute of limitations for what you did is one year. They can legally prosecute you any time during that year. From a practical standpoint, however, if they don't charge you within say 2-3 months, then I think you can relax somewhat.

Come on, Ry. You really love to temp fate... Let me tell you, if you didn't get the message already, fate always wins... DON'T go into Walmart.

excon

I won't go to walmart I just have lump in my throat all the time awaiting something. I just hope I don't get fingerprinted and this goes on my record. That's all I can wish for at this point

RyShy, I need to hear from you as to what ever the outcome was if any. I'm in a very similar type situation where I was with my child as well. I had a pack of batteries onto of my stroller that was forgotten about at a grocery store and I was told that it was an honest mistake but she had to write me up a Bar which I have no clue what that is and I can't go back to the store for 6 months. She said she wasn't getting the police involved but if it was to happen again I would have a red flag and be arrested. Does this mean its already on my record or is it a warning? It will never happen again and I feel really bad. Will I be able to go on holidays and leave the country? I need some help people. I have never been in any trouble before

Hi There,

I was very lucky and nothing ever happened. I didn't get anything in the mail and no police ever came to my house. I stayed away from the store for the entire 6 month period and learned a very waluable lesson. I am extra cautious now and have returned to shop at the store.

I don't think anything will happen especially because they did not involve the cops but stay away even if the recognize you they can proceed with charges if you still go back within the 6 months. Just take it as a very valuable lesson and relax, even though I was freaking out for 4 months checking the mail everyday, but try not to worry and if anything does come out get legal help right away. But if it's your first offense I doubt anything will happen. Hope this helps.

I can't believe the lady didn't say anything inside to me. She had to wait for me to leave the store. Another thing I have to say is while I was in the checkout purchasing about $50 in groceries I forgot my wallet in the van so I told the cashier I would be so quick and get it. I left the store and got my wallet and came right back in and paid for my stuff. If my intention was to steal the batteries wouldn't I have gotten rid of them when I went out to the van? Instead they stayed where they were because I forgot about them and came right back in and paid for the stuff.

The lady said she was a secret shopper and she said she saw the batteries ontop of the stroller and the next time the top part was closed. The reason was because my almost 3 year old son had a super runny nose and I was constantly passing him kleenex so he could wipe. I was opening and closing the sun shade at least 3 or 4 times and I guess forgot to reopen the top. I had a lot on my mind (I needed to be at my daughter school assembly shortly and I was having a dinner and cards night at our place that evening to prepare for). I seriously did not mean to steal the batteries.

I haven't told my husband yet fearing what he might say. Did you tell your hubby? And how did you go about saying it?

The secret shopper lady was really kind and said she wasn't going to call the police and mentioned something about a red flag for next time and that this was theft under 5000. I had to sign a piece of paper with my information on it and what the item was and how much it was worth. I probably shouldve read it before signing just in case. It took about 5 minutes to do. She said I can't shop there for 6 months. I buy everything there too. Even my prescriptions are through them. I guess its more embarrassing than anything because I know I didn't mean to do it. They asked me if they were going to find anything else in the stroller and I said no absolutely not and she said the same thing about my diaper bag. She even asked me like 3 times and left the room. I said no. There was a camera on the wall and I bet she was testing me to see if there was anything in the bag. I felt so untrusted and horrible.

So I won't have anything on my record unless there's a letter in the mail asking me to come down for finger printing and such? We travel to the states every now and then and I want to still be able to do that without having any trouble.

I really appreciate you getting back to me. I have already learned my lesson and won't take the stroller into a grocery store again for fear I might forget something.

I called my husband right away and told him, he's a very calm person and he said that to just relax and that nothing would probably happen, it was unintentional and there are bigger fish to fry out there.

What store was it? Different store have different takes some will take action for the littlest thing but I'm sure you're fine.

It was the Real Canadian Superstore in BC

Did you have to fill out any paper work with the store for not being allowed to come back for 6 months?

No nothing and you?

Yeah, she used my divers license and filled out the stuff on it and said she wasn't getting the police involved and that I wasn't allowed in the store for 6 months. It's almost been a month and I haven't received anything in the mail. I want to go the states and don't know if I'm allowed or not. Do I have a record or is that only when you have to go in for fingerprinting and a photo?