Caught Shoplifting, but Not Yet Charged

[Larus]

My question involves criminal law for the state of: Michigan

I did a stupid thing, almost an irredemably stupid thing the other day. I was in a large retailer and pocketed a little hard drive, walked around the store putting other things in my cart, then I decided I didn't really want to steal anything so I put the drive on a shelf and checked out. I left the store and was promptly confronted by the Loss Prevention person. They led me back to a room and questioned me, I told them where I put the drive, once they got the drive they took my name, address and phone number and said I was free to go.

They didn't say anything about charges but that's all I've been thinking about since then. I can't sleep or anything. How bad is this going to be?

[PandorasBox]

It depends on what they decide to know, no one can tell you that for sure. They can simply send you a Civil Demand notice in the mail. Or they could press criminal charges.

[Larus]

On what they decide to know? I don't understand. What would a civil demand notice entail?

One other thing that was strange, the LP person apologized to me for stopping me outside and taking up my time, but then said, "you understand why I stopped you, right?" That seemed awfully strange to me, since I was the one who needed to be apologizing.

When would the criminal charges come?

Sorry for all the questions, but I'm a bag of nerves right now and along with hating myself for what I did, it's got me in a bad place.

[PandorasBox]

A Civil Demand is a letter that will arrive in the mail - basically a civil case against you asking for restitution. Even though in the end, you put down the item, you did make store LP have to take time to surveil you, burn a CD of the evidence, and fill out paperwork.

If they decide to pursue criminal charges, they would forward the complaint to the police, who would send it to the Prosecutor, who would make the decision to press charges (State vs You). It varies by state, but typically they have 1-2 years to file the charges.

Stay out of that store. And don't even think of shoplifting again, seriously, it can cost YOU thousands of dollars....

[Larus]

Ok, I understand. This ordeal has already forced me to take a hard look at my actions. I don't want to go down this path again, ever.

A civil case asking for restitution I can live with, I understand actions have consequences. But what scares the living daylights out of me are the criminal charges. I changed my mind and put the item down before leaving the store, but as I understand now that doesn't mean I wasn't shoplifting.

One thing that worries me, I sort of admitted that I concealed the item on myself. The LP person, after a line of questioning, said, ok, so you opened the package and concealed the item on your person and walked around the store, is that what happened? And I answered "basically". I didn't realize at the time how incriminating that sounded. Does that make it easy for them to file the criminal charges?

[Larus]

Well I can see I'm asking unanswerable questions, but thanks for explaining the potential legal actions.

I guess all I can do at this point is start setting aside money in case of a civil demand, and of course, never again think about shoplifting. This is not at all where I want to go with my life!

[PandorasBox]

If you opened the package, then you made the item UNSALEABLE, and will be receiving the Civil Demand in the mail.

It still does leave you facing potential shoplifting charges, esp. as you opened the package and concealed the item - that clearly shows what your intention was.

Be patient with people responsing - we are volunteers. We don't get paid for this. And we have our own lives - going to school/work, grocery shopping, cooking dinner, etc....

[Larus]

Yeah, I totally understand the justifications for a civil demand. I guess what I really fear at this point is prosecution, and in my mind I've been deterred already by this fear, but of course the LP persons cannot know this.

Looking at other posts from those caught by this retailer (Meijers), it seems that because no police were involved, and because I did not actually try to remove any items from beyond the point of sale in the store, that prosecution is less likely in this case? The LP persons who dealt with me said nothing about prosecution or even a civil demand, and in fact were fairly nice to me. Can anything be gleaned from that, or am I just reading tea leaves?

I forgot to add, I wasn't asked to sign anything, not sure if that matters either...

[PandorasBox]

Meijer is a 50/50. But given the amount of police cars there on a given day.....you know they do tend to press charges.

[Larus]

Ok, so no police is a sign that I may get hit with only a civil demand?

I hate to sound like I'm obsessing, but I have not had a single night of sound sleep since I did this stupid thing. And when I'm not trying to sleep, I'm walking around feeling like a worthless criminal. I am so angry at myself for doing this, I can't even put it into words. Now, I know I've made this bed and I've got to sleep in it, but I'm just thinking, with the statute of limitations, am I going to be waiting for the hammer to fall any minute for the next SIX YEARS?