Shoplifting, No Police Called

[cornersguy]

My question involves criminal law for the state of: New York

I made a dumb and unusual mistake on my part: shoplifting a $15 item from Duane Reade. I actually bought something else and had this other thing in my bag. They stopped me as I walked out and told me I wouldn't be arrested, I just had to sign some papers. They took down my current address and license and a picture. Apparently, they don't call the cops unless you steal over $40 (?). Now, I can't return to any Duane Reade or Walgreens (since they're the same company now) as that would be trespassing for life. There was no mention of civil demand, charges, etc nor did I know to ask. So, will I receive a civil demand and how much will that be (I have seen people say a standard $75 to crazy prices)? Does it need to be paid or can they actually not do anything about it? If no police were involved, will I have anything on my record?

[Who'sThatGuy]

There are only 2 people that can give you an answer to this. One is someone with a crystal ball, and the other is the postman, you will have to wait and find out.

[cornersguy]

Ha. I only naively asked if they were going to mail me a copy of what I signed, and they said yes. The civil demand I can deal with, but what concerns me the most is any criminal charges they could make. What is the likelihood of that and would I receive notification of that in the mail as well or do I need to actively find out?

[Who'sThatGuy]

If they told you that they would mail a copy of what you signed, then I guess you will get a copy in the mail with a civil demand letter.

I wouldn't suspect that they will file criminal charges at this time. If they were seeking criminal charges, they wouldn't have sent you home.

[Betty3]

It's possible they reported the theft to the National Retail Theft database if they are a
member company. Other members can see your name if they check the database.

[cornersguy]

That's good to know that I probably won't face criminal charges. This happened last week at this point. From what I've read and seemed to understand from the LPs was that the records are just for themselves. Is the civil demand completely arbitrary (as to whether they actually do 4-5 times the price or something in the hundreds)? Last question: is there anyway to one day waive the my trespass document? After a few months, except for that exact Duane Reade probably, would anyone in another location even recognize me if I was just going to actually purchase something? I mean, they must get notified of shoplifters every day from every Duane Reade and Walgreens in the states (according to what the LP told me).

[Who'sThatGuy]

It would be up to the store manager or LP if there were a time limit placed on the restriction, you can call and ask. Most civil demands run around $200. if you don't pay the demand, they will sue you in court for the demand and the court will also award the store filing fees as well as tacking on court fees for themselves.

[Security Consultant]

In New York the Civil Restitution demand is not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars. So you can expect a demand of $75.00.

[PandorasBox]

I'd wait 6 months, then write the Corporate Office of Duane Reed, attn Loss Prevention Management, and ask about the trespass ban being lifted.

DO NOT enter ANY Duane Reed or WalGreens until you are granted permission. They mean ALL stores, worldwide. I'll tell you this, too - some stores have facial recognition systems in their cameras. Others have Traveling LP. Meaning the LP who busted you may be in Store A on Monday, Store B on Tuesday, Store C on Wednesday....you get the idea.

[cornersguy]

Ok. Just received my civil demand of $75. I plan to pay it. Is the law office I got this letter from who I contact about the ban or someone else (Walgreens or Duane Reade)?