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RyShy · Jul 6, 2007, 06:56 AM

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"

ScottGem · Jul 6, 2007, 07:08 AM

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.

RyShy · Jul 6, 2007, 07:35 AM

Probation meaning?

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

ScottGem · Jul 6, 2007, 07:39 AM

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.

RyShy · Jul 6, 2007, 07:46 AM

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.

ScottGem · Jul 6, 2007, 07:50 AM

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.

RyShy · Jul 6, 2007, 07:57 AM

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...

RyShy · Jul 6, 2007, 07:57 AM

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

ScottGem · Jul 6, 2007, 08:11 AM

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.

RyShy · Jul 6, 2007, 08:24 AM

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

ScottGem · Jul 6, 2007, 08:34 AM

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.

excon · Jul 6, 2007, 08:37 AM

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

RyShy · Jul 6, 2007, 08:37 AM

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.

RyShy · Jul 6, 2007, 08:40 AM

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

excon · Jul 6, 2007, 08:46 AM

Originally Posted by RyShy

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

ScottGem · Jul 6, 2007, 08:52 AM

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.

excon · Jul 6, 2007, 09:12 AM

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

RyShy · Jul 6, 2007, 09:20 AM

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.

excon · Jul 6, 2007, 09:28 AM

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

RyShy · Jul 6, 2007, 09:30 AM

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