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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-09-2005, 03:00 PM
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Join Date: Jul 2005
Posts: 15
Unhappy

Shoplifting Nightmare Please Help


What is the name of your state? CALIFORNIA

Hello.
I was recently caught shoplifting about $12 worth of make
up from wal-mart. I was taken to a room and returned the
merchandise. They got my information and I had to sign a
paper saying if i return to walmart it would be
tresspassing. I was told that i will recieve a letter in
the mail requesting no less than $50 and no more than
$500. They told me that if i didnt pay, a warrant would be issued
for my arrest. Then i was released. I am so ashamed of what i did
and i am very scared about what could happen. My question
is if anyone has been in the same position or if anyone
has a good idea of what may happen. Please help.
  #2  
Old 07-09-2005, 05:33 PM
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Location: California
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CA state law allows the store to request restitution from you in this manner. They will send you a request (commonly between $250 and $350) and ask you to pay it. If you fail to pay it they will more than likely sue you for the amount rather than going to the police, but, the poilce ARE an option.

Consider yourself lucky. And when the request for the payment comes, mumble "Thank you" that you don't have a criminal record and mail them the amount.

- Carl
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  #3  
Old 07-10-2005, 11:54 AM
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Thank you CdwJava.
I just have a question, do you think that if i pay the fine that they will try to prosecute? I hope not!
  #4  
Old 07-10-2005, 11:57 AM
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Quote:
Originally Posted by jeanine05
Thank you CdwJava.
I just have a question, do you think that if i pay the fine that they will try to prosecute? I hope not!
If you pay the assessment they will almost certainly not choose to prosecute. I have never known of a case to be reported to the police when payment has been made.

In fact, I can't recall one being reported even when no payment was made. But, civil action is almost certain if you don't pay ... and that could be pretty expensive.

- Carl
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A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 07-21-2005, 02:30 PM
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Posts: 15
Exclamation

UPDATE!

Today (exactly 3 weeks from when i was stopped for shoplifting) i received a civil demand letter from walmart loss prevention recovery team. On the letter it says:

"In order to eliminate further expense and inconvenience to you, we must receive the following amount : $200.00 Total Civil Demand"

and then it goes on saying "if you do not pay this request, we retain the right to proceed against you in civil action for damages allowed by the California State Law, including reasonable attorney's fees."

and lastly it says " IMPORTANT NOTICE: The payment of any penalty does not prevent criminal prosecution under a related criminal provision and does not prevent any fines or punishment which may be handed out by the criminal court."

OK, i have decided that i will pay the civil demand today or tomorrow (i have a 15 day deadline) . My questions now are what is the likelyhood that i will be taken to court? I'm hoping that if i pay the demand they wont press charges but at the bottom of the letter it has the notice that it doesnt prevent prosecution if you pay.

So, does anyone think it would be a good idea to call walmarts LP and ask them? OR should i call a 1-800 number on the letter? However I think that the 1-800 is only if you wish to contest the demand because it says if you have questions regarding this matter or to make payment arrangements.

Any reply is greatly appreciated!
  #6  
Old 07-21-2005, 02:58 PM
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If the police were not involved to begin with, I doubt they will be involved at all - especially if you pay.

I have never known one of these to be reported to to the police when a party fails to pay the civil assessment.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #7  
Old 07-22-2005, 04:52 PM
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Quote:
Originally Posted by CdwJava
If the police were not involved to begin with, I doubt they will be involved at all - especially if you pay.

I have never known one of these to be reported to to the police when a party fails to pay the civil assessment.

- Carl

The police were not involved when i was detained. However, i do not know if they were notified after the fact, i don't know if that can be done either. I paid the demand yesterday so i'm hoping that will be the end of it. But let's say that they want to take me to court, how will i be notified? By mail?
  #8  
Old 10-05-2007, 02:23 PM
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Posts: 12

Civil Demand


Not sure if I am using this correctly.

I was caught today shoplifting. Very stupid. Im an idiot.. But i have a question. They did not call the cops. But took down my information and made me pay $150 which they called a shoplifting fee. They also made me sign two papers. which I cannot remember what they said cause I was so nervous. I know one said Civil Demand.. and another he checked the release box and I signed..

will i get summoned to appear in court? can they still arrest me?
  #9  
Old 10-05-2007, 11:55 PM
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Quote:
Originally Posted by Curt581 View Post
Start your own thread. Don't hijack one that's several months old.
Years. Several years old.
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