Shoplifting at Marshalls. What will happen? (Fresno: insurance, attorney, buy)

[janetvj]

It's quite possible for the store to press charges even if the police were not called at the time and the shoplifter was not arrested. Not saying that they will, but it's possible. They have all of the information they need to go to a court commisioner (or California's equivalent law enforcement officer) and have a criminal summons issued.

Also, I would bet that this was not the first time Diana swiped anything - just the first time she was caught. Hate to sound judgmental, but sounds like it's time for her to grow up and face the music. It's good to hear that she is agonizing over this - to me it means that she has learned something and this won't happen again.

[nmnita]

Originally Posted by janetvj

It's quite possible for the store to press charges even if the police were not called at the time and the shoplifter was not arrested. Not saying that they will, but it's possible. They have all of the information they need to go to a court commisioner (or California's equivalent law enforcement officer) and have a criminal summons issued.

Also, I would bet that this was not the first time Diana swiped anything - just the first time she was caught. Hate to sound judgmental, but sounds like it's time for her to grow up and face the music. It's good to hear that she is agonizing over this - to me it means that she has learned something and this won't happen again.

Janet, I kinda thought the same thing: I doubt it is the first time, pretty hard to believe, at 28, she suddenly dicides to take something that isn't hers. It is like the person who gets stopped for drunk driving, not the first, just the first time caught. and yes, this might be a good lesson for her.

Nita

[Diana2001]

first of all, i respect all of your inputs and thank you very much. Im praying that the store will not press charges against me. from the bottom of my heart, that was my first time ever in my life, belive it or not.. ive been asking myself why i did it and i dont know but i have no blame excuses for my behavior. i'll take full responsibility for my action but praying that they would give me a chance to redeem myself and be a better person. im just too scared and couldnt sleep for the last two nights. i dont know what is goin to happen? again thank you guys.

[sandy7]

Good Luck with that. And always do a cost-benefits analysis before you make a decision. Note that even when you go ahead with something that's a benefit something bad can occur outside of you which turns gain to loss

[bigdumbgod]

Originally Posted by sandy7

Good Luck with that. And always do a cost-benefits analysis before you make a decision.

Yeah - at least get a pair of decent shoes or fashionable handbag.

New thread: Best Marshall's to steal from in the Bay Area?

[treedonkey]

Originally Posted by Diana2001

do you guys know what will happen to me? how much is the fine? do i have to go to court? will this stay on my record for life? will i be able to clear or seal it later on? will this effect my future jobs? please help me..

First of all, calm down, we've all done something really stupid in our lives, whether we admit it or not. It's just that in your case you got caught.

I went through something similar (with a $5 item) when I was in my early 20's so I can make an educated guess at what will happen, but the crime, the store, the court district and several other factors will make every outcome different.

how much is the fine?
Impossible to say for sure. Obviously you have to pay for the item, and the store will ask for some restitution, and then the court will fine you. I would expect it to be a few hundred dollars at most in fines, but you will likely have the option to work it off in public service if you can prove it is financial hardship to pay. Public service at this level is usually something like highway work for caltrans, at about $50/day. Orange vests and trash pickup with a bunch of DUI-ers, most likely.

do i have to go to court?
If the retailer presses charges, then yes. This police will rarely show up for petty shoplifting, but still the crime is clearly documented, so all the store has to do is submit some paperwork to file charges against you. In the case of a clothing retailer like Marshalls' you can bet they'll press since they're likely good and tired of being shoplifted from. But, unless you're trying to prove yourself innocent, expect the court case to take no mor ethna an hour or two, which will include meeting with a court lawyer briefly, then going before the judge, admitting your guilt, and then receiving you fine or work assignment.

will this stay on my record for life?
No. There are legal means of wiping it completely off your record after a few years. The court lawyer can explain this to you if it gets that far. Also, on such a minor crime, it pretty much goes away on its own after several years. My infraction has never come up on any background checks that I know of,a nd i never took any steps to erase it from my record.

will i be able to clear or seal it later on?
I'm not sure what you mean by 'seal' but for clearing it, read the paragraph above this one.

will this effect my future jobs?
Possibly, especially in the next few years. The best thing is just to be honest, admit that you made a really stupid mistake, and give them a heads up about what happened if you think they'll be doing a background check on you. Make sure to save the paperwork for this reason, in case you need to check that 'misdemeanor' box on any application and show them what it was.

Fortunately, our court system is pretty reasonable and is not looking to turn petty thieves into hardened criminals. Also fortunately for you, the penalties are just scary and agonizing enough to make any decent person like yourself want to never never ever ever repeat their crime. I was a pretty habitual shoplifter at one time, mostly food and little things, but I haven't lifted a 1 cent piece of bubblegum since I got popped for shoplifting nearly 20 years ago.

[Prodigal Son]

The irony/injustice is that most everyone here has probably downloaded or knowingly received downloaded music/movies illegally well in excess of $10 and hasn't given it a second thought.

Diana, you mentioned times are tough so hiring an attorney might not even be an option but I'd try to if you could, especially if a misdemeanor on your record would give you employment issues down the road. Given the value of the item is ten bucks and I'm assuming this a first time offense, there's a very good chance an attorney could get this lowered to a trespassing or disturbing the peace charge which would look much better on your record.

Good luck and God bless!

[enlightenme]

I don't know the complete details, but when I was working for a company that ran background checks, they were about to hire a woman right out of college who had a "trespassing" on her record. Come to find out, she was caught stealing at a store and somehow (assuming lawyer) had her fine reduced to trespassing. We would have hired her had she admitted to it before the background check. The recruiter didn't like her behavior and attitude after he brought it to her attention. Moral of the story, if it does end up on your record, be honest about it.

I can only imagine the guilt and stress you are feeling. I think shoplifting is a lot like gambling, drinking, drugs, and other addictive behaviors. You get a rush and a quick thrill from it. Also, if you are under stress it could cause you to seek that quick thrill which is why you may have done it. I imagine a lot of addictive behavior is going up right now with how stressful our economy situation is.

[Sambazon]

Don't feel too bad. Famous actress Winona Ryder was caught stealing $5,500 worth of merchandise from high-end retailer, Saks Fifth Avenue.

[frsno1]

I am a police officer here in Fresno. I will try to condense in a fairly short span what the law says.

What the op committed is a petty theft, which is a misdeameanor crime. Unless, the police were called right away, she will not be charged or have to go to court for anything. First of all, the agents of the store would have had to sign a citizen's arrest right there on the spot. Even if that was the case, she would have been cited and released (given a ticket) to appear in court.

Regarding most misdeameanors, they have to be "fresh". What I mean is that in order for a citizen's arrest to be made, it has to be done right when she was detained and the police called immediately, then the officer would have to arrive within a reasonable amount of time and investigated it, then the agents would have had to make the citizen's arrest.....all of this happening during the time of the incident.

As far as loss prevention giving having her sign whatever it is they signed, that is strictly a civil matter between her and the store.