I have a couple of questions regarding shoplifting. I got caught shoplifting at Walmart in Mid September. The Security guard made me sign some papers. One of them was admitting to shoptlifting as a misdemedoeor. I am not sure how to spell that, anyways the other one was that the security guard decided to release me instead of handing me over to the police. No police were called on scene, but he took my picture and finger print as well. He told me I was going to recieve a paper in the mail for court and a civil demand in 4 to 6 weeks. I stole abotut $100 worth of stuff, and none was damaged. It's already been a month and I recieved my civil demand 2 days ago. It said, if I pay I will not be called to pay anymore, BUT it does NOT release me if I have a court to appear for the incident. So my first question is,1) regardless of whether or not I pay the civil demand, I will STILL have to go to court if there were charges pressed against me? 2) My second question is, what will happen if I DONT pay the civil demand? My 3rd question is 3) What are the chances that I am still going to court if they did file charges against me? Again, I learned my lesson. I have NOT stole anything since then, because I definetley learned from my mistake. I was under a lot of stress and I still am. I just hope I am one off those lucky ones. Thanx in advance.
few things every person should understand about the criminal justice system: A Loss Prevention Officer does not have your best interest at heart and should not be giving you legal advice. Also: a person should not discuss details of their case with anyone other than a licensed attorney in a private setting where the rules of confidentiality and privilege apply. Anything an accused person says, writes, or posts, that may be deemed an admission or a statement against their interests may later be used against them at trial.
You can expect to receive a letter in the mail from a law firm (as the LPO told you) demanding payment of an amount that will seem wholly unrelated to the amount of merchandise you allegedly had in your possession. The letter will likely state that if you fail to pay, they will bring a civil action against you. What they may not do is threaten criminal prosecution if you do not pay. These are called "civil demand letters." They do not create an obligation to pay and I generally advise my clients to ignore them. Although the store can file a civil suit, it is rarely worth the amount of time and effort that they would have to spend. The District Attorney and his or her deputies are the only people who can decide whether to prosecute you for a criminal offense. No law firm and no store has that power.
If you have a court date, you needs to make sure you go. Since you stated the police were not called, it is unlikely that you do. However, there are few worse things to come back from than a failure to appear. If you have a court date, you should hire a criminal defense attorney to protect your interests. Although petty theft is a misdemeanor, the effects on your life can be much harsher than the minimal time you would spend on an alternative sentencing program or in jail, or any fine that may be imposed. If you cannot afford an attorney, you needs to ask for the public defender to be appointed in your case.
Lastly, I would like to remind you that the internet is a public forum. Defense attorneys can read your questions, but so can prosecutors. If you make any statements that can be deemed an admission or a statement against your interest, statements can be later used against you if you decide to testify in a trial. Only discuss details of your case with a licensed attorney in a private setting where the rules of confidentiality and privilege apply.
1) If the authorities press charges against you, you will have to appear in court. 2) If you don't pay per Walmart's demand letter, they may file a civil suit against you. 3) See number 1.
Hope this helps.
The likely good news is that if no COPS were called the chances of prosecution are slim. That does not necessarily mean that you are out of the woods. If there is a Video showing your act, and the admission of guilt will put you squarely in the misdemeanor.
You should not make any payments to Walmart at this time. Also I suggest that you stay away from Walmart.
If you need additional help call a criminal defense lawyer. Good luck.
