shoplifting in California

[mrkent]

ok heres the deal.
i go to a college in california, and i stole a $1.75 starbucks frappachino from the student store. The caught me, but no police were involved. When i asked them to show me the video tape of me stealing, they told me i wasnt entitled to see it. so first question is, am i entitled to see it?
One of the LP personale asked me why did i take it, and i didnt want to answer it, but it seemed like he'd keep asking me until i answered so i said i didnt feel like paying for it, which i realized was a mistake immediatly after.
also, what would have happened had they called the police?
they told me to sign this paper that basically says i admit to stealing, but i refused to sign it.
so now, i have to pay $350 to the store, as a fee for the trouble i guess. What can i do legally to avoid paying for this. For example, can i file charges against them for something like false arrest.
btw, they also searched my wallet and backpack without my consent, is that legal in this case?

answer and help are appreciated, please be sympathetic. i dont need people shaming me, keep responses objective. thanks

also, if you have any question on my situation, please ask, i will gladly answer them in detail.

 

[thepenster060]

pay the fine and move on. maybe this will teach you the next time you just "don't feel like paying for something".

 

[Neal1421]

ok heres the deal.
i go to a college in california, and i stole a $1.75 starbucks frappachino from the student store. The caught me, but no police were involved. When i asked them to show me the video tape of me stealing, they told me i wasnt entitled to see it. so first question is, am i entitled to see it?

Why do you need to? You know and admitted that you did it.

One of the LP personale asked me why did i take it, and i didnt want to answer it, but it seemed like he'd keep asking me until i answered so i said i didnt feel like paying for it, which i realized was a mistake immediatly after.
also, what would have happened had they called the police?
they told me to sign this paper that basically says i admit to stealing, but i refused to sign it.
so now, i have to pay $350 to the store, as a fee for the trouble i guess. What can i do legally to avoid paying for this. For example, can i file charges against them for something like false arrest.

No, you can't because you were not arrested.


btw, they also searched my wallet and backpack without my consent, is that legal in this case?
answer and help are appreciated, please be sympathetic. i dont need people shaming me, keep responses objective. thanks

also, if you have any question on my situation, please ask, i will gladly answer them in detail.

You stole a drink that costs $1.75 and admitted to it. You have to pay the fine. Next time think twice about stealing, even if the police aren't called to the scene you will have to pay the price, just be glad this time it was monetary and not jail time.

This will not go on your record so just be happy about that and move on. Let this be a lesson to you not to do anything this stupid again.

 

[CdwJava]

i go to a college in california, and i stole a $1.75 starbucks frappachino from the student store. The caught me, but no police were involved.

So ... you are guilty, then?

When i asked them to show me the video tape of me stealing, they told me i wasnt entitled to see it.

They were right.

so first question is, am i entitled to see it?

No.

also, what would have happened had they called the police?

An arrest or citation for theft ... PLUS a criminal record. Be lucky they kept it civil.

they told me to sign this paper that basically says i admit to stealing, but i refused to sign it.

Stores usually call the police when people do that. You are a very lucky person.

so now, i have to pay $350 to the store, as a fee for the trouble i guess.

Permissable by law.

What can i do legally to avoid paying for this. For example, can i file charges against them for something like false arrest.

Nothing and no. There was no false arrest, and if you fail to pay the assessment then they can always forward the matter to the police for prosecution, or take you to collections ... then you can add another $250 for the Collections fee.

btw, they also searched my wallet and backpack without my consent, is that legal in this case?

Sure. They aren't the government so they are not subject to the 4th Amendment. You can try and sue them for some reason, but when you do be prepared to go to court for theft.

Pay the fine and feel blessed that the police were not involved.

- Carl

 

[mrkent]

CdwJava, thanks for your actual answers and advice. are you a lawyer btw?

 

[seniorjudge]

CdwJava, thanks for your actual answers and advice. are you a lawyer btw?

No, he is much smarter than a lawyer.

 

[ENASNI]

No, he is much smarter than a lawyer.

I think the smell of coffee in this post brought Carl around.

 

[CdwJava]

CdwJava, thanks for your actual answers and advice. are you a lawyer btw?

Nah ... I just give the lawyers work - I arrest people. Well, mostly I supervise and manage (yes, I do both) officers who arrest people.

I'm a cop.

- Carl

 

[CdwJava]

I think the smell of coffee in this post brought Carl around.

I read "Frappuccino" and got all excited!

- Carl

 

[ENASNI]

I read "Frappuccino" and got all excited!

- Carl

I knew it.

 

[Sadness05]

An arrest or citation for theft ... PLUS a criminal record. Be lucky they kept it civil.

Carl,

If somebody goes to court for stealing, that goes on someone's records even if this is the person's first offense? I thought that most of the times, the judge gives the offender "administrative" probation for, let say, 6 months and then if nothing happens, the case will get dismissed and it will not go on that person's records. That way, the offender will not have a criminal record.

Also, if a company does a criminal background check, will they be able to see the charges or only if that person was convicted?

 

[CdwJava]

Carl,

If somebody goes to court for stealing, that goes on someone's records even if this is the person's first offense?

Yes. A crime report is generated with the local police department - and possibly an arrest report as well. A booking report is generated at the time of booking into jail or prior to any court hearing. A disposition is entered and submitted to DOJ after court.

I thought that most of the times, the judge gives the offender "administrative" probation for, let say, 6 months and then if nothing happens, the case will get dismissed and it will not go on that person's records. That way, the offender will not have a criminal record.

That might be possible, but it is by no means automatic.

Also, if a company does a criminal background check, will they be able to see the charges or only if that person was convicted?

There is no generic "background check". What an employer finds depends on how deep they look. If they look through public records they might find a court record of the case and disposition. Private employers in CA can NOT access criminal offender records, only public records (such as court documents).

- Carl

 

[seniorjudge]

Yes. A crime report is generated with the local police department - and possibly an arrest report as well. A booking report is generated at the time of booking into jail or prior to any court hearing. A disposition is entered and submitted to DOJ after court.


That might be possible, but it is by no means automatic.


There is no generic "background check". What an employer finds depends on how deep they look. If they look through public records they might find a court record of the case and disposition. Private employers in CA can NOT access criminal offender records, only public records (such as court documents).

- Carl

http://www.uslegalforms.com/lawdigest/expungement-of-criminal-records-law.htm

Info on expungements....

 

[Sadness05]

There is no generic "background check". What an employer finds depends on how deep they look. If they look through public records they might find a court record of the case and disposition. Private employers in CA can NOT access criminal offender records, only public records (such as court documents).

- Carl

I'm asking cause I heard from my lawyer that if someone gets convicted, then it will show if an employer does a background check, otherwise, it will not show. That is why he tried to get me a "administrative" probation, so it will not show.

Back in September, I was still on administrative probation and when I applied to my current job, the company had me call a number to check my criminal background. I had to give them my social security number and my name. But, nothing came up cause I was not convicted I guess. It was my first "offense" anyway and I was not even arrested.

 

[CdwJava]

I'm asking cause I heard from my lawyer that if someone gets convicted, then it will show if an employer does a background check, otherwise, it will not show. That is why he tried to get me a "administrative" probation, so it will not show.

This sounds like a deferred entry of judgement. In other words, the conviction is held in limbo until such time as you either complete the program assigned by the court, or, you blow it.

- Carl