Shoplifting Without Police Arrest

My question involves criminal law for the state of: NJ

I have an interesting observation and need some clarity. A friend of mine got caught today for shoplifting. She did her shopping and paid for all stuff except for a small item. I'm not sure if it was a genuine oversight. However, the store security said she needs to to sign some papers and if she is cooperative, they will not make a police case (in other words they will not get the police involved). So she did since she was in shock. They took down her name, address, social security #. They let her go but said she can't shop in the store ever again. My question is - can the store file a criminal case to the police later on? I mean can the store report to the police behind her back. She is very worried that she may have a criminal history. Also since they have her social security, can they report to the credit bureau? Just need to comfort her and guide her accordingly. Any input will be appreciated.

What you describe is a fairly typical strategy used by store security (i.e. loss prevention) personnel to induce a confession. The suspect has been detained, is in shock, and will often confess even if not guilty of anything more than an oversight just to "get it over with". It is almost certain that your friend signed some sort of confessioon in connection with being cooperative, whether she realizes it or not.

Yes, the store could file a criminal complaint against her and she could get a knock on the door one day to find a police officer there with a citation to appear in court on a criminal shoplifting charge. However, that is not likely to happen. Although the practice varies in different states, most of the time - not all, but most - if the store is going to file criminal charges they call the police then and there and the police officer either takes the shoplifter to jail or issues her or him a citation to appear in court. In some states, the stores can actually file charges without a police officer being involved, although this is the minority. Either way, the stores rarely try to hide anything from the suspect in that regard, at least after they get the suspect to confess. They want the suspect to know that she or he is being prosecuted and will be punished in order to instill fear into the suspect and deter her or him from shoplifting again. So, my best educated guess is that nothing will happen to your friend in the way of criminal charges or any other sort of criminal record.

I don't think that the stores can file an adverse credit report against someone on the basis of shoplifting.

However, there are several national retail theft databases. There is a good chance that the store has entered your friend's name into that, in which case she could have trouble getting a job in retail in the future.

Lastly, make sure that your friend takes the order not to shop in the store ever again very seriously. This is called a "store ban". If she violates it, she can and probably would be arrested and charged with criminal trespass.

I believe, she was told to sign a confession and a non-trespassing doc that means she can't visit the store again. The security officer did mention to her that if she is cooperative he will not report to the police. Plus, she did purchase in the store not that she had any bad intention. She is worried that she will have a criminal report for life and that an officer will come to arrest her.

Since she did sign a confession that would pretty much destroy her chances of realistically contesting the charges if she gets charged. So, if she does get charged, the best she can probably hope for is that she would be admitted to some kind of diversion program, if one is available in your jurisdiction. If so, this would allow her to avoid a criminal conviction if she satisfied the diversion program requirements. If she does get charged, she should consult a lawyer in your area who can help with this. If she cannot afford a lawyer, she should ask a judge to appont one for her at a first hearing and plead "not guilty" if she has to enter a plea then.

Again, though, if the store was going to charge her criminally the odds are very high that it would have done so on the spot. I cannot guarantee anything, of course, but I don't think it is likely that charges will be brought. Without a charge, there is no criminal record. Your friend should probably try to put this out of her mind as much as possible for now. If nothing happens within the next couple of months she can be pretty certain that nothing ever will come of this.

Will this go into National Theft Database? If it does, will it impact her job, credit rating or immigration?

I do not know if it will go into the national retail theft database or not. There is a good chance that it will because that does not depend on a criminal conviction.

If it is entered into the database, it will affect her ability to work in retail. I do not believe it would affect her credit rating. It would not affect immigraton status.

Thank you for your answers. I sent you a private message.

Quote:

---

Quoting semblance

---

I do not know if it will go into the national retail theft database or not. There is a good chance that it will because that does not depend on a criminal conviction.

If it is entered into the database, it will affect her ability to work in retail. I do not believe it would affect her credit rating. It would not affect immigraton status.

---

Will it affect working in healthcare?

Although I have a good understanding of shoplifting law as a lawyer, I really don't know too much about the retail theft database. It just doesn't come up much in the legal arena. My understanding is that it is pretty much limited to retail, so the only healthcare field I can think of where it would matter would be pharmacy sales. An experienced loss prevention officer working for the big retail chains would be a better person to ask this of. I am new on this site so I don't know the specialities of other participants, but I bet at least a few loss prevention people are on here somewhere.

I agree with semblance. Since there were no criminal charges, it should not affect a healthcare field job (possibly in a retail stores pharmacy), nor Immigration.

Had charges been filed....it would be a different ballgame.

I sent my thanks to you (private message).

Quote:

---

Quoting PandorasBox

---

I agree with semblance. Since there were no criminal charges, it should not affect a healthcare field job (possibly in a retail stores pharmacy), nor Immigration.

Had charges been filed....it would be a different ballgame.

---

I've read some postings on civil demand or a compensation fee. What is a civil demand or a compensation fee? I'm pretty sure she will be receiving and she has all intentions of paying the demand, but she is worried about a criminal case being filed against her...what are the chances of this happening months after the incident OR even after she pays civil demand? And what if the amount is unreasonable (I read that it can go as high as 5 x the value of the merchandise)? What are the consequences of a refusal to pay? Does a refusal affects the state's decision about whether to file. If the police were not involved, then the court has not reported the case and there will be NO criminal case, is this true?

Does she need to go to the court to pay a civil demand of compensation fee? Or is this done directly with an attorney's firm? Can the store file a criminal case after the payment is made? Does she need to hire an attorney to prepare an Accord and Satisfaction agreement with the firm that states that in exchange for your payment, and without any admission of wrongdoing or liability, all outstanding matters related to this incident are hereby resolved, including but not limited to civil suit and/or criminal prosecutions. Would this be necessary?

Since no police case was made (police was not called), can the store in the future (say after 6 mths or 1 yr or 5 yrs) file a criminal case? - (the security officers already told her that if she cooperates then they will not call the police to prosecute) Can my girlfriend assume that she was lucky that there was no police involvement? She is in fear and like to know how long before she would know that the Police won't arrest her? She just doesn't know what to do because she really doesn't want to tell her parents or go to jail.