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Shoplifting

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Shhh.

Junior Member
What is the name of your state (only U.S. law)? Ohio
If you are caught shoplifting but the police were not called, can the store still send you to court?
I was with my friend the other day when she was caught stealing about 86 dollars worth of clothes. She was stopped by the loss prevention worker who took us to the back room and removed the clothes from my friends bag. She then got all my friends information and btw she is over 18 years old. My friend paid the $266 civil penalty fine right then and there and signed a paper saying she paid it in full and thAt she can't go into Macy's for 3 years. The loss prevention worker said she should be getting a letter in a few weeks with a court date but the police were not called? Can they actually send her to court or was she just trying to scare my friend?
 


justalayman

Senior Member
it is not the store's decision if the person is actually charged. They report the incident and the prosecuting attorney determines whether charges will be filed or not.

So, with that , basically, the store will contact the police and make a report. The DA will review the report and determine if charges will be filed.
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Ohio
If you are caught shoplifting but the police were not called, can the store still send you to court?
I was with my friend the other day when she was caught stealing about 86 dollars worth of clothes. She was stopped by the loss prevention worker who took us to the back room and removed the clothes from my friends bag. She then got all my friends information and btw she is over 18 years old. My friend paid the $266 civil penalty fine right then and there and signed a paper saying she paid it in full and thAt she can't go into Macy's for 3 years. The loss prevention worker said she should be getting a letter in a few weeks with a court date but the police were not called? Can they actually send her to court or was she just trying to scare my friend?
Those who commit shoplifting crimes are risking both a criminal and civil penalty for their crimes.

The store can decide for themselves whether or not to pursue criminal charges by calling police and/or filing a report. Ultimately, whether or not the person is prosecuted, is up to the District Attorney, who considers the facts and decides whether or not to file formal charges.

Regardless of whether or not the person is criminally charged, they ALSO face a civil demand from the store, usually around $250-300. This demand applies whether or not the items were retrieved or returned, and is NOT based upon the value of the actual stolen items.

What really bugs me here is that perpetrator actually HAS the money to pay for the items, yet steals them anyway (as evidenced by the fact that she stole $89 worth of items, and IMMEDIATELY paid the $266 civil penalty on the spot). What a waste!
 

Shhh.

Junior Member
Because she paid the civil penalty fine though would they still press charges? And bc she did this already what are the chances of her still being sent to court?
 

cbg

I'm a Northern Girl
You are not understanding what you are being told.

The store does not decide whether charges are pressed or not. The ONLY decision they make is whether to call the cops or not. And yes, EVEN IF the civil demand is paid, they may still quite legally call the cops.

The DA, and only the DA, decides whether charges are pressed. Whether the civil demand is paid only becomes a factor if the DA wants it to be.

In other words, she can pay the civil demand and the store can STILL call the cops and the DA can STILL press criminal charges.

Only the store can say if they will call the cops. Only the DA can say if they will press charges. Both things CAN happen.
 

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