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Accused of Shoplifting at Walmart in California, First Offense

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  • 09-06-2011, 04:43 PM
    umairchaudhry
    Accused of Shoplifting at Walmart in California, First Offense
    My question involves criminal law for the state of: California

    Today, an hour or so ago, my best friend went to walmart to buy some school accessories. She bought a backpack, with all the other stuff. She paid for everything but when she crossed the gate, a store security guy came to her and asked her to accompany him to the walmart security office. She did whatever he said, He than told her that she was caught shop lifting and opened her backpack to show her some markers inside it. She told him that she didn't steal it and didn't know at all about it. But, the security guy didn't listened. He asked for her ID, for which she only had her college ID. She showed that to him, he took her SSN and her name, birthday and the address. He then told her that there will be no police involved, he didn't ask her to sign any paperwork. No pictures were taken, and no fingerprints were taken either. He than told her that she will be receiving a letter asking for fine above $50. And then he let her go.

    My questions are that if she gets the letter, should she pay the fine, or not? And if she does or doesn't pay the fine, will it go on her record? Would she be able to get a job anywhere? Would she be able to go to a four year university? Would it go on her record of any kind? Would it get in her way of getting a visa since she is just a permanent resident here in America? Would it affect her ability to get a credit card or any kind of loan?

    I would really appreciate if someone could help us on this matter..
  • 09-06-2011, 05:59 PM
    PandorasBox
    Re: Accused of Shoplifting at Walmart in California, First Offense
    She should pay the Civil Demand.

    It is separate from a Criminal Case. If she doesn't pay, they can take her to Civil Court and in the end, it will cost a lot more.

    As long as police were not involved, no court date....she should be fine. Worst is that her name may be in the National Retail Theft Database.

    Other stores have their cashiers trained to check inside backpacks, purses, shoe boxes, at the register, often asking "did you want to purchase this?" if something turned up. Don't know why Walmart does not follow that lead.
  • 09-06-2011, 09:16 PM
    umairchaudhry
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Quote:

    Quoting PandorasBox
    View Post
    She should pay the Civil Demand.

    It is separate from a Criminal Case. If she doesn't pay, they can take her to Civil Court and in the end, it will cost a lot more.

    As long as police were not involved, no court date....she should be fine. Worst is that her name may be in the National Retail Theft Database.

    Other stores have their cashiers trained to check inside backpacks, purses, shoe boxes, at the register, often asking "did you want to purchase this?" if something turned up. Don't know why Walmart does not follow that lead.

    So, by being in the National Retail Theft Database mean, whenever she applies for a job somewhere, she has to put down that she was caught shop-lifting, or in other words she can't work anywhere??? and she can't get credit loans?
  • 09-06-2011, 09:51 PM
    quirkyquark
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Quote:

    Quoting umairchaudhry
    View Post
    So, by being in the National Retail Theft Database mean, whenever she applies for a job somewhere, she has to put down that she was caught shop-lifting, or in other words she can't work anywhere??? and she can't get credit loans?

    • I believe it only applies to jobs at retailers who are members of that database (think Walmart, Target, Sears, etc.) --- other employers CANNOT access the database per the website.
    • If police and the courts are not involved, there is no criminal record. She can truthfully answer no when job applications as if she has ever been convicted of a misdemeanor or felony.
    • If she does not pay the fine (civil demand), it may eventually end up in collection and as a negative mark on her credit report. Otherwise the incident should have no effect on obtaining credit/loans.
    • If she is a permanent resident, she doesn't need a visa. Did you mean citizenship? Again, without a criminal record she won't have any problems.
  • 09-07-2011, 10:21 PM
    umairchaudhry
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Quote:

    Quoting quirkyquark
    View Post
    • I believe it only applies to jobs at retailers who are members of that database (think Walmart, Target, Sears, etc.) --- other employers CANNOT access the database per the website.
    • If police and the courts are not involved, there is no criminal record. She can truthfully answer no when job applications as if she has ever been convicted of a misdemeanor or felony.
    • If she does not pay the fine (civil demand), it may eventually end up in collection and as a negative mark on her credit report. Otherwise the incident should have no effect on obtaining credit/loans.
    • If she is a permanent resident, she doesn't need a visa. Did you mean citizenship? Again, without a criminal record she won't have any problems.

    Thanks for the responses. Sorry, I did mean citizenship. I have more questions now, Is there anyway, you can find out what database is Wal-mart member of and what other retailers are in that group? And do the colleges run the background check from the same database too?
  • 09-08-2011, 06:04 AM
    PandorasBox
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Colleges will not see the National Retail Theft Database. Just other retailers who subscribe.

    You can find a few of them on the database website. Zales, Michael's, FYE, Macy's, are a few.
  • 09-08-2011, 07:18 AM
    quirkyquark
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Quote:

    Quoting umairchaudhry
    View Post
    Sorry, I did mean citizenship.

    Worst case, if convicted of a misdemeanor, she has to wait 5 more years from that date to apply for citizenship. Definitely consult an immigration attorney if criminal charges are filed.
  • 09-10-2011, 01:24 AM
    umairchaudhry
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Thank you all for your replies. It helped a lot to calm my friend down. She is now waiting for the civil demand letter!
  • 09-10-2011, 01:32 AM
    cdwjava
    Re: Accused of Shoplifting at Walmart in California, First Offense
    The civil demand could be between $50 and $500. The most common amount seems to be in the middle at around $300. So, do not be surprised if your friend is asked to pay $300. That is still less than it would cost her if she went to court on a criminal charge.
  • 09-10-2011, 09:59 PM
    umairchaudhry
    Re: Accused of Shoplifting at Walmart in California, First Offense
    Quote:

    Quoting cdwjava
    View Post
    The civil demand could be between $50 and $500. The most common amount seems to be in the middle at around $300. So, do not be surprised if your friend is asked to pay $300. That is still less than it would cost her if she went to court on a criminal charge.

    But the markers she was accused of stealing, didn't even worth more than $5, even though they were out of packet, but still $300 for $5??? It's really unfair, she is paying for something she didn't even do, in fact she is paying for other people stealing the stuff form wal mart.
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