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Marbar321 · Jul 25, 2012, 07:32 PM

I was going through rough emotional times, which lead me to the stupid decision to shoplift at Superstore for the first time. Security guard approached me and I went back to the store and gave back what I took and then they read me my rights. They took my drivers' license information and called the police to confirm that I was a first time offender. This was a month ago. Still I haven't heard anything regarding the police or going to court.
And I'm wondering is if this will end up on my criminal record, or any other databases. If it does, then for how long? Can they come after you in the future at some point. I received a letter to pay 325.00 and that has been it. Don't the police actually have to arrest me in person to be technically charged? How would I even know if I have to go to court. Security guy said maybe judge will let me off due to first offence. What does that mean if I don't know about any court hearing.I am so confused. Just wait around for the rest of my life wondering what they will do?

ali18ninja · Jul 26, 2012, 09:02 AM

If you don't have to go to court then you don't have any charges. Any law that is broken requires the appearance of court so you may be fairly tried. It doesn't matter if they have substantial evidence against you. You still have a right to due process. Shoplifting does require a court appearance given that it's a misdemeanor. If you were read your miranda rights then you have been arrested so I would expect a court date. Call the courthouse and ask about your case.

JudyKayTee · Jul 26, 2012, 10:29 AM

Originally Posted by ali18ninja

If you don't have to go to court then you don't have any charges. Any law that is broken requires the appearance of court so you may be fairly tried. It doesn't matter if they have substantial evidence against you. You still have a right to due process. Shoplifting does require a court appearance given that it's a misdemeanor. If you were read your miranda rights then you have been arrested so I would expect a court date. Call the courthouse and ask about your case.

This is a legal board. We take great pride in our answers. Many of "us" work in the law, are trained, went to law school, do great research.

Please post your source for "if you were read your miranda rights then you have been arrested." I don't believe that is true anywhere. I was active law enforcement - I read Miranda to plenty of people who were not arrested.

Shoplifting also is not a "given" misdemeanor. Do you have a source for that?

The WORSE thing this person can do is call the Courthouse - you don't call the Courthouse, by the way, you call the Court Clerk. If the paperwork has been lost, if someone has decided not to press charges this is a GREAT way to bring attention to the case.

To quote you, “I can safely assume you have no education in the [law]” https://www.askmehelpdesk.com/fitnes...ml#post3211141