Caught shoplifting $9.00 item Colorado Walmart. No police no arrest and not asked to stay out of store. Got demand letter.

They can demand you pay and also notify the police and ask for you to be charged. If you are charged, the only real issue is if the prosecutor can convince a jury that you knowingly stole something. Theft convictions are very damaging when trying to obtain a professional job of any type. Also it can be used against you in court anytime you testify to demonstrate your lack of honesty. You want to explore ways to keep it off your record. 1st, I wouldn't talk to the police under any circumstances. If you are in a situation where you have to talk to them, ask for a lawyer. Do not talk about your case. If you can afford it get a private attorney to help you get the best result. If you can't afford it, ask for a public defender when you go to court. If you get a plea that gives you the chance to keep this off your record, take it seriously and don't steal anything else or do anything else illegal or the theft will likely enter and be on your record for life.

I agree with my learned colleague about the seriousness of stealing. However, I would tell you as a former judge (7 years) and former prosecutor (7 years) there is little to no possibility that if you do not pay the demand letter that they will report it to police and the police will charge a "cold" theft or shoplifting charge that they were never called out to investigate. The police do not prosecute "cold" rapes, murders, and assaults, much less expend the time on a $9 shoplifting case. I have clients that get these letters from attorneys in NY state from Walmart, Target, and Kohls all of the time. They are allowed to request that you pay the demand letter. However, if you refuse to do so, then their option is to hire legal counsel here in CO and sue you in civil court. All over $9? It simply will never happen. If they did, I will drive up to Greeley and represent you for free.

If they didn't arrest you at the time I doubt you would ever face criminal prosecution (though they ccan still legally bring charges). I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, (in some jurisdictions prove damages which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it and it won't affect a criminal case one way or another. Take a look at an article in the Wall Street Journal at the link provided below.