[mom13]

I have written before about my situation in regards to leaving a store with unpaid merchandise that was not intentionl, it was a mistake however the under cover security guard didn't care, anyway, it's been almost a month and I just received the " bill" from the store... my question is that the cops have not contacted me yet... How long will it take if they are? I have no criminal record, the cops were not called to the store... Should I pay the bill?

[ScottGem]

Pay the bill and most likely no cops. If you don't pay the bill then the store is more likely to prosecute.

I would however, try to extract a promise in writing from the store that paying the bill will forestall prosecution.

[mom13]

I think I will pay, the letter that I got from the store states that if I don't pay they will proceed with civil court... so isn't that basically saying pay and we won't sue?

[ScottGem]

No, its saying don't pay and we will sue. Suing you in Civil court is not the same as criminal prosecution. Unless they say pay and we won't prosecute there is nothing preventing them from turning the case over to the police.

[mom13]

So you are saying that they still may have not passed this to the police? When I was in the store they called the police to see if they could release me ( of course they did because I had no criminal record) I was told that the cops have 30 days to contact me and if they don't contact within the first week that chances are they are not likely to contact me... is that true.. I am in canada by the way.. you are quick... thank you

[ScottGem]

I would think that with almost a month going by that they have not passed this to the police. I believe that if you pay up they will not do so. But unless you get an agreement that they won't, there is nothing stopping them from doing so.

[mom13]

Part of me doesn't want to pay because it wasn't intentional but at the end of the day, I don't want this to drag on, go to court, lawyers it's going to cost me more in all of that than what the bill amount is for... how long do they have to pass this on to the cops? Don't they do it right away? If not, isn't there a time limit?

[ScottGem]

There is a Statue of Limitations on charging you with the crime. Not sure what it is for shoplifiting in Canada, but I would suspect its at least a year.

I would suspect that payment would cost less than hiring an attorney. I would still ask them for a letter assuring you they won't press charges if you pay. If they refuse, then pay but keep copies of all correspondence and proof of payment.

[mom13]

Thanks I really appreciate your help, I am going to pay it and hope that this is the end and assume that if the Police haven't contacted me yet that they won't.. I just want this over and not to think about it anymore you know? Again thank you verymuch

[excon]

Hello mom:

Do what Scott says.

If they turn this over to the cops, and you walked out of the store without paying, you'll be convicted, EVEN if it was unintentional. Because, of course, nobody knows what your intention was, do they? Your demeanor in court, plus your explanation will determine your sentence - NOT your guilt.

Therefore, if you can avoid this trouble, I would highly recommend you do so. You're risking lifelong problems over PRINCIPLE, and it's misplaced principle at that.

We've come across this tactic by Canadian and some American stores before. It's my belief that what the store is doing constitutes extortion. Therefore, there are no laws that govern extortion. They can turn it over to the cops when and if they like, any time they like.

The cops, on the other hand, ARE bound by the statute of limitations.

I wouldn't however, make a stink about it. You'll come out the loser. Besides, they're offering you GOOD things in exchange for paying them money. Ok, let me rephrase that. They're offering not to do BAD things in exchange for money. That's why it's classic extortion.

In any case, pay them - really! But, GET that letter!

excon

[mom13]

Thanks, I don't want to make a stink about it, because I can understand where the are coming from in the fact that I left with unpaid merchandise. It was not intentional, but it happened. So, I will pay. Another question, if I do pay you are telling me that this store could still take me to civil court? Even if I have paid the amount, which is like 14 times the amount of what the total of the items where?

[ScottGem]

I'm saying its possible but highly unlikely that they will pursue a civil or criminal case if you pay up.

[mom13]

Thank You... it's much appreciated

[excon]

Hello again, mom:

I don't think you understand the value of a piece of paper signed by them saying that they won't prosecute or press civil charges against you. It's a GET OUT OF JAIL FREE card, and it's a THEY CAN'T WIN IF THEY SUE ME card.

Look, you're dealing with cops and store security personnel who are want to be cops. They're not nice reasonable people. They want to bust you. They want to try you and put your little butt in jail. That's who they are. That's who they'll always be.

Therefore, DO NOT count on their good will. Do not count on their promises. They're hollow. Count on their signature on an agreement that you have in your hand!

With that piece of paper, no judge will ever prosecute you or allow a civil case to proceed against you. I say again, GET THAT PAPER!

excon

PS> 14 times the amount of what you took?? Classic extortion. Unbelieveable!

[SecurityGal]

How many items did you take? I don't believe we have the whole story here... Most stores have stringent rules regarding the apprehension of subjects. Mistakes do happen, but more often than not we hear that it was a mistake or I forgot. I would contact the police department detective bureau if you have questions about if they are going to prosecute. A lot depends on the states statute of limitations regarding the offense.

And no, I didn't drink the cool-aid either.