QUESTION
Will I get charges for shoplifting even though no police were involved?
Asked on Feb 13th, 2013 on Criminal Law - California
More details to this question:
I had two items with me worth less than 20 dollars. i got stopped at the front of the store. they took me to the back room.
the guy told me to take out what i took. so i did.
he then asked if it was my first time being caught and it is.
he then asked for my i.d and made a copy of it. he then said i would receive a fine through the mail and that if i couldn't pay it, i had to call a number he gave me.
he gave me a paper about a law firm thing. then said i could leave. no cops where called. i was in there office for less than 5 minutes. will i have charges against me? i did not sign anything. will they call my house or cell?
they did not ask for any phone numbers either. they just have the info in my i.d. what will happen next. will it be reported to the police/court?
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It sounds unlikely that anything will happen except you will get a demand to pay through the mail. Most judges do not give much money on a case like this. I would not want you to offer anything. It may be an admission, which could be used against you in court.
Answered on Feb 20th, 2013 at 2:26 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the police were not called and you were not arrested, there is a good chance that charges will not be filed. However, the store could file a police report at any time up to one year.
Answered on Feb 20th, 2013 at 2:26 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Businesses can always file charges after the fact, whether or not you pay the fine you will receive in the mail from those lawyers. If they do press criminal charges [and many stores will], you'll get a notice in the mail from the DA or court with a court hearing date for your criminal arraignment. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Your lawyer may be able to negotiate a civil agreement with the store to avoid them pressing charges.
Answered on Feb 20th, 2013 at 12:48 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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The store could report this incident to the police and the police might decide to investigate. This appears unlikely, however, since the store did not alert the police of the theft when it happened. It sounds as though this store is trying to obtain a civil judgment from you without filing a lawsuit. If you receive letters or phone calls from an attorney, remember that only a judge can order someone to pay; even then, both sides are given an opportunity to present evidence before a judgment is made. If the store or its agents are offering you an opportunity to pay BEFORE taking you to court, this is a demand and not a requirement; you do not have to pay until there is a judgment. Moreover, if they threaten to tell the police about the theft if you do not pay, simply explain that they are potentially committing extortion and that you feel the need to report their conduct to the police.
Answered on Feb 19th, 2013 at 10:54 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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DO NOT PAY THAT FINE. It's a scam. You have no legal obligation to do so. The store essentially charging you for the time and money it cost them to recover the goods and restock them on the shelves (which cost them nothing). If the store actually incurred any costs in recovering / restocking their goods, let them sue you for it. Of course, they don't actually have any losses, so they don't have anything worth suing over.
Answered on Feb 19th, 2013 at 10:46 PM