QUESTION

Can I still be charged if I was already stopped for shoplifting outside store but let go as I had nothing in my bag?

Asked on Dec 03rd, 2013 on Criminal Law - Michigan
More details to this question:
I accidentally had walked out of a store in shoes I was trying on because I was working in store as a vendor. I was approached in parking lot at my car by security and told he missed me at the door to do a bag check. I let him look in my bag and he saw nothing and was going to explain about the shoes but it didn't feel like a good idea and I was freaking out and just said or did nothing. He said nice shoes and I said yeah and he said something about vendors being like employees and after 10 minutes said his name and asked me mine. He said hope to see you in the store again. I said nothing. Then I said I was leaving had to go and left. I am a vendor that goes in this store every week but since this happened 3 weeks ago I have not been back to this store but have been to other stores in the chain I service. Should I go into the store where this happened? Or should I quit my job and stay away from store and hope I never hear anymore about it? I have never done this before, it was an accident. I have been a vendor for 15 years and have never taken anything from any store. But I don't want to lose my job. I also do not want to be formally charged or to go to court. What should I do? Walk away from job? How long after can a store contact me in reference to this? Thanks for any direction.
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6 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney to discuss your options, all of which will have an element of risk.
Answered on Dec 06th, 2013 at 3:26 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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If it's a misdemeanor (under $500) theft, in Missouri, the Prosecutor has up to 1 year after the incident to file charges. So if the store doesn't file a police report against you within 1 year of the date of the incident, you should be fine.
Answered on Dec 06th, 2013 at 7:46 AM

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You have the right to remain silent. Only idiots talk to investigators/cops, or sign anything. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Dec 06th, 2013 at 7:46 AM

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Thomas Edward Gates
I would not quit my job. Send cash to the store, without your name or address, to cover the costs of the shoes. Since you are a frequent visitor to the store, if they had you on camera, they would know it was you. It would appear that they have nothing on you.
Answered on Dec 06th, 2013 at 7:45 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Yes, you can still me charged. In some instances, it could be several months or more before actual charges are filed. At this point, you are not sure if charges are coming, so what good would be quitting your job at this point in time? It would prevent the charges from being filed if that is what the prosecutor intends to do. If charges are never filed, then I guess you beat the system and got away with stealing. I have a difficult time believing that it was an "accident" because the officer commented on your shoes. You had a chance to make things right and you did not. You have to decide for yourself what you want to do.
Answered on Dec 06th, 2013 at 7:45 AM

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Litigation Attorney serving Commerce Township, MI at Alonzi & Associates PLLC
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First retail fraud requires to the intent not to pay. His statement in regards to you being an employee makes me believe the store might consider you for the charge of embezzlement which is larceny by someone in a position of trust. The statement he made in reference to the complimenting you on the shoes was an effort to illicit a statement from you that you had stolen them. For now, do not discuss the matter with anyone other than an attorney as everyone you speak to can become a potential witness against you. As for quitting your job I would say that is premature. However, my suggestion is that you not wear the shoes anywhere as the store may have contacted your employer for an investigation. There is little you can do, at this point but wait.
Answered on Dec 06th, 2013 at 7:25 AM

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