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LacyLaPlante · May 16, 2010, 07:04 PM

Hello, I am writing to ask for help on a shoplifting case. I was apprehended with a pair of jeans and a shirt worth a total of 275 dollars. The store security notified the police and they got there 10 minutes later. The store as well as the police took down my name s.s.# and drivers license number. The store kept the clothing as well as a pair of pliers I had with me. I signed a paper for the store saying I would not enter for 2 years and was told I would receive a civil demand letter. I was then released, with no ticket or citation from the police officer. The cop did say something about a possible letter ( I'm guessing a summons) in the mail. I then left with nothing but a copy of the store's paper and the mall's ban. I am 19 and the event took place in columbus, OH. I shoplifted once before several years prior for $65. I know what I did was wrong and I feel terrible, but there is no reasoning behind shoplifting because it is theft.

I received the civil demand and have began a payment plan two weeks ago. It has now been one month since the incident. I have not heard from the police or the court. Should I be expecting a court summons? If so, when?

Any help is welcome, please no put downs though. I feel bad enough..

excon · May 17, 2010, 06:08 AM

Hello L:

If it was me, I wouldn't pay. There's NOTHING the store can do except SUE you, and they won't win. You said they DID get their stuff back, so there's nothing to sue for.

That's just me.

excon

0rphan · May 17, 2010, 02:59 PM

Sometimes the store will settle with getting their things back, which means no stock loss for them, a warning by the police and a ban from the shop.

A court case sometimes is too much hassle for all concerned.

Fr_Chuck · May 17, 2010, 03:22 PM

Often if you pay the civil amount to the store, they don't push for criminal charges. Which saves you fines and a record.

How long ago was this that it happened.

LacyLaPlante · May 17, 2010, 03:43 PM

Well it happened April 18th, so its been about a month. And I've called the municipal court clerk of court and there was no records of any court dates...

LacyLaPlante · May 17, 2010, 03:54 PM

I guess I am just wondering, if the police did file a criminal offense wouldn't I have been given a ticket or some sort of notification on the spot?

And if there is a case, how long would the DA generally take to make a decision?

Once again, any help is welcome!

excon · May 17, 2010, 03:54 PM

Hello L:

You weren't arrested, and it doesn't appear that you're going to be. STOP calling them.

We've discussed this issue here on these boards before. It's MY position that the store cannot force you to pay them money or they'll call the cops.

That is classic extortion. It's a crime. I doubt the store will attempt it, although they're not all run by very smart people.

So, since there was no arrest, and no charges, and no proof that you left the store with ANY of their stuff, the store will have a very difficult time proving you owe them money.

In my view, the proper way to handle catching a shoplifter, is to call the cops EVERY time. The criminal justice system is where this case belongs and NOT in civil court. But, I guess the store figures they could make a few bucks by doing it this way. Don't let 'em.

excon

LacyLaPlante · May 17, 2010, 04:24 PM

Originally Posted by excon

Hello L:

You weren't arrested, and it doesn't appear that you're going to be. STOP calling them.

We've discussed this issue here on these boards before. It's MY position that the storr cannot force you to pay them money or they'll call the cops.

That is classic extortion. It's a crime. I doubt the store will attempt it, although they're not all run by very smart people.

So, since there was no arrest, and no charges, and no proof that you left the store with ANY of their stuff, the store will have a very difficult time proving you owe them money.

In my view, the proper way to handle catching a shoplifter, is to call the cops EVERY time. The criminal justice system is where this case belongs and NOT in civil court. But, I guess the store figures they could make a few bucks by doing it this way. Don't let 'em.

excon

Well I had walked out the door when I was apprehended, and I had hidden the clothes under my own. So there is proof..

excon · May 17, 2010, 05:10 PM

Originally Posted by LacyLaPlante

Well I had walked out the door when i was apprehended, and I had hidden the clothes under my own. So there is proof..

Hello again, L:

Look, you can lay down for them if you like. I'm just telling you what I think. No, there ISN'T proof. You took it - they took it back. All that proves is that they ain't out ANYTHING. Therefore, there's no basis for them to collect MORE money from you than the merchandise was worth in the first place, and that's only if you got away with it, which you didn't.

excon

LacyLaPlante · May 18, 2010, 06:08 PM

So should I be expecting criminal charges? :/

Fr_Chuck · May 18, 2010, 06:20 PM

I will agree
1. stop calling them, don't confess, and don't agree you are guiliy, even if arrested or charged, they have to prove with evidence allowed in court you did it.

2. if they are going to charge you, it can be another couple months, depending on how charges are done in your area.

My guess they won't, in Canada it is common not to get a ticket at the scene and latter get a letter for finger printing and photo, but in US normally you get a ticket or you get locked up when it happened

excon · May 18, 2010, 06:21 PM

Originally Posted by excon

You weren't arrested, and it doesn't appear that you're going to be.

Hello again, L:

I haven't changed my mind.

excon

LacyLaPlante · May 18, 2010, 07:23 PM

THANKS FOR THE HELP EVERYONE!
And of course, if anyone disagrees or has other input it is always welcome

this8384 · Jun 17, 2010, 09:00 AM

I can't believe I'm saying this, but I have to disagree with excon. The police were called and took down the OP's information. My guess is that a police report was filed and the officer(s) took statements from the OP as well as the store employees. So I believe that there IS proof of the OP's guilt, the least of which that they have posted on a public website and admitted to the crime.

Maybe the store is agreeing not to press charges in exchange for the money; who knows? Is it ethical? Probably not. But I don't see what would stop them from pressing charges if the OP doesn't just pay the money. So no, they won't get the money... but they're not going to lose anything if this gets prosecuted. The OP is.

excon · Jun 17, 2010, 11:19 AM

Originally Posted by this8384

I can't believe I'm saying this, but I have to disagree with excon. The police were called and took down the OP's information. My guess is that a police report was filed and the officer(s) took statements from the OP as well as the store employees. So I believe that there IS proof of the OP's guilt, the least of which that they have posted on a public website and admitted to the crime.

Hello this:

Well, they have a year to file charges, and they very well might. Actually, I don't see why they wouldn't.

I musta been smoking some good marijahoochie when I answered that...

excon

PS> Where you been? I missed you.