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    zqw_321's Avatar
    zqw_321 Posts: 5, Reputation: 1
    New Member
     
    #1

    May 29, 2009, 09:28 PM
    Shoplifting on mall
    So I made a wrong decision out of a stupid challenge and shoplifted 50$ worth o stuff at a mall, and got caught .
    They give ma a Notice of intended legal action, and a inform of fobidden entering the mall in one year.
    The police came in,ask if I had a clean record. I told him I am clean. This is first time,I feel very sorry. He told me I should pay some restitution and in 1 year don't come the
    Mall. And he didn't give me anything.
    I want to know when will I receive the restitution bill?
    If I pay the bill there will be OK?
    They will not ask me to the court?
    The police will not give me a criminal record?
    When I go back everything is OK? I mean there will not have bad impact on me?
    (I am a international student,I told polce I will finish my study next month and go back。)
    Any help will be appreciated!

    Thanks
    JimGunther's Avatar
    JimGunther Posts: 436, Reputation: 38
    Full Member
     
    #2

    May 30, 2009, 07:44 AM

    I was in retail security for 13 years and the whole situation seems kind of odd to me. Did this happen in the United States? You said the value was 50 dollars so I assume it did. In the United States you normally don't pay restitution unless the victim suffers a loss. If they recovered the merchandise when you were caught, they will be no restitution owed.

    I have never heard of a "notice of intended legal action" form unless we are talking about a form used by a private company.

    When we arrested someone, we decided on the spot whether they were going to be charged with a crime. If they were, they were notified of that fact by giving them a copy of the charging document, which is required by law. If they were not they were barred for a year and if they came back before that we would charge them with trespassing.

    I once arrested an international student from Egypt who stole some candles and some pairs of socks. He tried to knock my lights out and I ended up charging him with everything from assaulting a police officer to resisting arrest.

    As soon as he was released from the hospital, he was taken back to Egypt and never showed up for trial.

    You are nuts to try something like this and risk your whole future on a dare. Look at the document they gave you and see if it is a government document or a form issued by a private company. If it is a government document stating that you are going to be charged with a crime, you had better show it to a lawyer and seek his advise. There is a time limit by which you have to be charged if it is going to happen and the clock runs from the time the offense was committed.

    If the form is one from a private company, you probably have nothing to worry about. You said the police came and left without charging you or taking you away in handcuffs. However, you don't seem to understand English too well. Make sure that the form is not some sort of charging document.

    In this country, if a private person or a corporation of some kind says they intend to charge you with something, that statement has no legal status until charges are actually filed with the proper government official.

    I also notice that questions of this type will often elicit responses from people who don't have any experience in the retail security business. That business has some quirks that people outside the trade don't understand, such as the notion that store employees can't arrest people or charge them with resisting arrest. Even though I worked for private firms for the 13 years I spent in the trade, I held a Special Police Commission which gave me the powers and responsibilities of a police officer on the premises where I worked.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    May 30, 2009, 08:03 AM

    Sounds more like Canada,

    Bui normally within 90 days the store will send you a bill for their time and trouble.

    If you were not given a ticket, or given a date and time to go in for fingerprinting, there they did nothing but let the store handle it.
    zqw_321's Avatar
    zqw_321 Posts: 5, Reputation: 1
    New Member
     
    #4

    May 30, 2009, 06:50 PM
    Quote Originally Posted by Fr_Chuck View Post
    Sounds more like Canada,

    Bui normally within 90 days the store will send you a bill for thier time and trouble.

    If you were not given a ticket, or given a date and time to go in for fingerprinting, there they did nothing but let the store handle it.




    Thanks a lot!
    Yes ,in Canada。The police didn't give me aticket.And he just asked me my
    Basic infomation(name, age, address, university), pay restitution bill when I
    Receive bill ,and I willn't go there in one year.
    So you mean I pay it when I receive the bill and never go there in one year.Then
    Everything is OK? I will not have a record?
    Thanks a lot!
    zqw_321's Avatar
    zqw_321 Posts: 5, Reputation: 1
    New Member
     
    #5

    May 30, 2009, 07:00 PM
    Quote Originally Posted by JimGunther View Post
    I was in retail security for 13 years and the whole situation seems kinda odd to me. Did this happen in the United States? You said the value was 50 dollars so I assume it did. In the United States you normally don't pay restitution unless the victim suffers a loss. If they recovered the merchandise when you were caught, they will be no restitution owed.

    I have never heard of a "notice of intended legal action" form unless we are talking about a form used by a private company.

    When we arrested someone, we decided on the spot whether or not they were going to be charged with a crime. If they were, they were notified of that fact by giving them a copy of the charging document, which is required by law. If they were not they were barred for a year and if they came back before that we would charge them with trespassing.

    I once arrested an international student from Egypt who stole some candles and some pairs of socks. He tried to knock my lights out and I ended up charging him with everything from assaulting a police officer to resisting arrest.

    As soon as he was released from the hospital, he was taken back to Egypt and never showed up for trial.

    You are nuts to try something like this and risk your whole future on a dare. Look at the document they gave you and see if it is a government document or a form issued by a private company. If it is a government document stating that you are going to be charged with a crime, you had better show it to a lawyer and seek his advise. There is a time limit by which you have to be charged if it is going to happen and the clock runs from the time the offense was committed.

    If the form is one from a private company, you probably have nothing to worry about. You said the police came and left without charging you or taking you away in handcuffs. However, you don't seem to understand English too well. Make sure that the form is not some sort of charging document.

    In this country, if a private person or a corporation of some kind says they intend to charge you with something, that statement has no legal status until charges are actually filed with the proper government official.

    I also notice that questions of this type will often elicit responses from people who don't have any experience in the retail security business. That business has some quirks that people outside the trade don't understand, such as the notion that store employees can't arrest people or charge them with resisting arrest. Even though I worked for private firms for the 13 years I spent in the trade, I held a Special Police Commission which gave me the powers and responsibilities of a police officer on the premises where I worked.

    Thanks a lot!
    Yes, in Canada.
    The mall told me the bill will be from a company.The mall give me a paper , it says The bill will include the cost of the investigation,the cost of any merchandise taken It is also written on that paper if failing to pay it, the mall reserves the right to begin legal proceedings against me before a civil court.
    I want to know if I pay it when I receive the bill and never go there in one year.Then
    Everything is OK? I will not have a record?
    Thanks a lot!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    May 30, 2009, 07:50 PM

    Yep, no criminal record, there will be something in the store records, so if you decide to run for some political office latter I am sure some record from the store will show up
    zqw_321's Avatar
    zqw_321 Posts: 5, Reputation: 1
    New Member
     
    #7

    May 30, 2009, 08:41 PM
    Quote Originally Posted by Fr_Chuck View Post
    yep, no criminal record, there will be something in the store records, so if you decide to run for some political office latter I am sure some record from the store will show up
    Thanks a lot!!
    What's meaning:so if you decide to run for some political office latter I am sure some record from the store will show up.

    I feel very sorry for my stupid action at that moment.And I am very nervous.
    I am afraid police will call me .
    You mean they will not?
    zqw_321's Avatar
    zqw_321 Posts: 5, Reputation: 1
    New Member
     
    #8

    May 30, 2009, 08:43 PM
    Quote Originally Posted by Fr_Chuck View Post
    yep, no criminal record, there will be something in the store records, so if you decide to run for some political office latter I am sure some record from the store will show up
    I will go back my country, not stay in Canada after study this year.

    Thanks a lot!

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