held but not arrested

[itsmeskc]

What is the name of your state (only U.S. law)? In California, let's say someone was caught by a retail store loss prevention person and detained for leaving the store without paying for about 400.00 in concealed merchandise. They admitted and signed something that said they were stealing something. The police were called and expected to arrive to arrest the person, but it being a Friday night, the police later called to tell the store that they did not have any officer available to come arrest the person because they were too busy doing more important things. The store let the person go. Can that person be arrested or a warrant issued later....do they not have to come and make a police report right then and there?...Is the most the person now faces is the store sending them a bill for the items taken out of the packages which they were trying to steal? Thanks to whoever gives their time and knowledge into answering this for me.

 

[CdwJava]

What is the name of your state (only U.S. law)? In California, let's say someone was caught by a retail store loss prevention person and detained for leaving the store without paying for about 400.00 in concealed merchandise. They admitted and signed something that said they were stealing something. The police were called and expected to arrive to arrest the person, but it being a Friday night, the police later called to tell the store that they did not have any officer available to come arrest the person because they were too busy doing more important things. The store let the person go. Can that person be arrested or a warrant issued later....

Yes.

More than likely the police will take the information from the store, try and cotnact you for a statement, and then file with the DA for charges. If you are charged, you might later be arrested on a warrant or issued a summons to appear in court for the charges. if the matter is deemed to be a felony due to the value fo the property (not likely) or the elements of burglary have been met, then they might arrest you straight away without a warrant.

You are still potentially liable for the civil demand which can be up to $500.

 

[itsmeskc]

Yes.

More than likely the police will take the information from the store, try and cotnact you for a statement, and then file with the DA for charges. If you are charged, you might later be arrested on a warrant or issued a summons to appear in court for the charges. if the matter is deemed to be a felony due to the value fo the property (not likely) or the elements of burglary have been met, then they might arrest you straight away without a warrant.

You are still potentially liable for the civil demand which can be up to $500.

I was just curious, as i was told something different; that being that if they did not come and arrest the person then and make a police report, that once the store let the person go, then it was too late. Anyone else have an opinion? THANKS.

P.S. it is definitely a felony due to the person's prior arrest record. in california, a petty theft of a 50 cent candy bar can be a felony if the person has a recent (within i believe 5 years time) petty theft (misdemeanor). it is ca. p.code 666---petty theft with a prior; a felony.

 

[sandyclaus]

I was just curious, as i was told something different; that being that if they did not come and arrest the person then and make a police report, that once the store let the person go, then it was too late. Anyone else have an opinion? THANKS.

P.S. it is definitely a felony due to the person's prior arrest record. in california, a petty theft of a 50 cent candy bar can be a felony if the person has a recent (within i believe 5 years time) petty theft (misdemeanor). it is ca. p.code 666---petty theft with a prior; a felony.

Anyone can file a police report after the actual incident occurred, so yes, the store could STILL file a police reported even after having let the person go.

And, by the way... as relevant opinions go, Carl here (CdwJava) - who is a police officer himself - would DEFINITELY know about these kinds of situations, since he has come across them often in his daily duties.

 

[CdwJava]

I was just curious, as i was told something different; that being that if they did not come and arrest the person then and make a police report, that once the store let the person go, then it was too late. Anyone else have an opinion? THANKS.

That is completely and utterly not true. Whoever told you this was clearly uninformed. No law requires the police to contact you before taking a report or filing charges.

The state has one year from the time of the offense to file for a misdemeanor. NOTHING in the law prohibits the store from reporting the matter to the police, and NOTHING in the law prohibits the police from taking that report and then forwarding it to the DA seeking charges.

P.S. it is definitely a felony due to the person's prior arrest record. in california, a petty theft of a 50 cent candy bar can be a felony if the person has a recent (within i believe 5 years time) petty theft (misdemeanor). it is ca. p.code 666---petty theft with a prior; a felony.

PC 666 changed a couple of years ago. You now have to be CONVICTED of three or more thefts for it to be charged, and even then it can be a felony or a misdemeanor (the offense is known as "a wobbler") ... or, be a registered sex offender with a single offense (this change was slipped into a series of laws coming down harder on sex offenders, but at the same time wakening theft laws).

So, unless the suspect has three prior convictions, is a sex offender with one conviction, or can be shown to have formed the intent to commit the theft prior to entry (for burglary per PC 459) then this will be a misdemeanor.

 

[CameronNewport]

I was just curious, as i was told something different; that being that if they did not come and arrest the person then and make a police report, that once the store let the person go, then it was too late. Anyone else have an opinion? THANKS.

Common sense should tell you that's not true. Criminals do not need to be caught "red handed" in order to be prosecuted. All that's necessary is evidence that the crime was committed.