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Shoplifting $500 item

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jan_h

Junior Member
What is the name of your state? California

My stupid 20 yr old brother tried to steal a $500 item from CompUSA. He told me that it was in his jacket already but he was still walking around the store. An employee then approaches him and asks if he paid for the item inside his jacket yet. He obviously says no. The employee then asks him to take it out and pay for it. So my brother pays for it 10 minutes later and leaves the store. No cops were notified and he wasn't detained.

Wait, it gets even more interesting. Apparently, 2 hours earlier, my brother (who is getting more idiotic every second) was able to steal the same item and walk out of the store with it without anyone stopping him. I'm guessing he got cocky and thought he'd go back for a second one. But after his encounter with the employee and paying for the 2nd item, he had a friend go back in the store, and put the stolen 1st item back on the shelf without anyone noticing.

My question is, will the store be able to prosecute him assuming they have knowledge that he was able to steal the 1st item beforehand? They do have his credit card information after all and they don't even know that he returned the item that he was able to steal. I'm guessing identifying his info is as easy as comparing the time on the video surveillance and the time on the receipt, or is this as far as it goes? Will they report this incident even if police wasn't notified and no information was personally taken/exchanged? Thanks in advance, and I apologize if my post was confusing. :(
 
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calatty

Senior Member
Your brother is probably lying to you about how it all happened. If they caught him stealing, they will report it to the police.
 

CdwJava

Senior Member
Heck, they could get him for burglary AND the grand theft!

He better hope that they have decided to leave it be or didn't discover it. I suspect if they knew about the theft they would have called the cops ... $500 is a little hefty a theft to just ignore.

- Carl
 

jan_h

Junior Member
calatty said:
Your brother is probably lying to you about how it all happened. If they caught him stealing, they will report it to the police.
Thanks for the reply guys. I'm pretty sure he's not lying since he looked awfully distraught when he came home and while he was telling me. He would be one lucky guy if they let him go like that then eh? But what you guys are saying is they can still nail him after the fact assuming they have video footage of the first theft?

Oh and why would they let him go if they had a chance to nail him?Considering the amount would equate to grand theft. Supposedly they knew what it was that he took precisely. :confused:
 

CdwJava

Senior Member
Well, they CAN, but if they haven't sent the police to him yet, chances are they won't

But, they have a long time to make the case.

- Carl
 

jan_h

Junior Member
CdwJava said:
Well, they CAN, but if they haven't sent the police to him yet, chances are they won't

But, they have a long time to make the case.

- Carl
A long time, technically means, as long as they have the assumed footage right? But realistically, if they haven't gone after him within a year? Would it be safe to say that they let him go? TIA.
 

nanaII

Member
If they were going to arrest

If they were going to arrest your brother for the 1st theft, they more than likely would have done it right then and there. I doubt very much if security goes back through and reviews old tapes. Besides, it is highly unlikely that if they DID review old tapes (which again, I doubt), it is pretty unlikely that they are going to tie him and the time he paid for the second item together. I think it is also highly unlikely that they are going to charge him with the theft of the second item. They caught him while he had it in his jacket while still in the store. They drug him to the counter and made him pay for it. It is unlikely they will charge him after he's already paid for it and left the store. If they were going to charge him with theft, they would have hauled him to the security office and called the police. All my theories above are simply that.. theories.. and I'm not saying that it is impossible that they will come back later and charge him. It just seems to me to be highly unlikely. I hope he has learned his lesson, but I doubt it. He will probably do it again just to see if he can get away with it.
 

Rugen

Junior Member
I'm not a lawyer, nor a cop. This is not legal advice. But I have worked retail security in CA. If they don't arrest him when it happens, it's unlikely they will at all. It's very difficult to prove you stole something if you have time to dispose of it... when you aren't a cop. Cops can use reasonable doubt to decide on arrest (meaning if they have reason to believe you stole, they can detain you), private security cannot. If they lose observation of the thief with the stolen goods before making the arrest, it's unlikely their case will carry weight with the DA. Unless, of course, your brother goes on confessional again.

You can bet, however, he will be watched like a hawk at any CompUSA now.

He's triple-ly stupid; $500 is GRAND theft. Felony 'round these parts (CA).
 

jan_h

Junior Member
Thanks again for the responses guys. I'm not going to tell him that they probably won't go after him based on what you guys say just to keep him up at night. Frankly I'm not going to sit here and think he's in the clear either. I hope the idiot learned his lesson since now he knows stealing a $30 item can get him in the same boat as stealing a $300 one, how much more for $500? :mad:
 

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