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Shoplifted with no cops called, but on probation for DUI
Anonymous3 views8 answers
I know it says shoplifted but I really didn't mean to. I had a fussy baby with me and forgot about some tops that were in the bottom of the cart underneath her seat. I had initially put them down there to keep them away from baby hands. I was just aimlessly walking through just to kill time to keep baby entertained. I ended up buying other things and honestly just completely forgot about the clothes and sandals. (I had them from when I first entered, and grabbed the things I actually bought towards the end) I just walked out and their LP stopped me and took me into a back room and told me I might get a letter. The cops were not called. I told him exactly what happened and that I was honestly just an airhead. He still made me sign a few papers. Will this affect my dui probation?
Since no cops were involved, I see no impact on your DUI probation. Make sure you complete any court-ordered classes, MADD presentation, etc., but without any police involved, this should have no impact on your DUI probation.
I agree with Mr. Finnecy, if there was no police involvement, then the incident will probably have no effect on your probation. The letter the LP agent was talking about is probably the civil demand letter some retailers send out through a third party attorney's office. You can ignore the letter. As long as they got their merchandise back, you owe them nothing.
Dui probation will not be an issue. You were not arrested nor were you cited and released by law enforcement. You were really lucky and dodged a bullet here. A conviction for a theft crime is will destroy your future employability as it is a crime of MORAL TURPITUDE. You will receive a civil demand asking you to pay a law firm money for the shoplifting. DO NOT PAY. It is not a judgement against you merely a demand without any teeth behind it. Good luck to you. I hope this helps you?
Asit S PanwalaCriminal Defense AttorneySan Francisco, CA ·
If they didn't call the police, it is very unlikely that it will come to the attention of the courts. It appears that they asked you to sign papers indicating you will not return to the store. If so, stay away! I think you should thank the Gods that this will recede into the past. Good luck!
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
No police involvement = highly highly unlikely criminal charges would be filed. So long as criminal charges aren't filed, it will be next to impossible for your summary misdemeanor DUI probation to be violated. Even if you are on felony DUI you would only need to report the incident to your probation officer if you had a law enforcement contact.
Hold onto, but do not be in any rush to pay, the tough guy civil demand letter you may receive from the store.
Generally speaking, stop posting case specific facts/admissions on public forums, even though your statements here appear to be consistent with what your defense would be in the unlikely event this case finds its way into a criminal court.
Everyone here is in consensus. And they are probably right re the lack of police involvement. However, not being booked is not necessarily no prosecution. The LP people may right up the report and submit it to the local prosecutor's office for filing consideration as a private person's arrest. There does not have to be law enforcement involvement on these cases, although usually there is.That is what the LP meant by a letter. That letter would be from the DA, city attorney of the court regarding an arraignment if they decided to file. Just something to keep in mind.
What a lot of people do not realize is that shoplifting is a misdemeanor not committed in the presence of the officer. He can't arrest you. The LP person makes a private person's arrest. Then if called, the police merely provide transportation and booking for the PP arrest...not the arrest itself. As a former police officer, I did hundreds of the private persons arrest from stores. They are not law enforcement arrests. The transports and bookings. The Cop doesn't even write a report. LP provides their report to the police for the prosecutor. Having said that, if they do file on this private person's arrest submission, then as a crime it would violate your probation, although you would have a right to a hearing on the issue.
