Caught Shoplifting at Walmart, First Offense in California
My question involves criminal law for the state of: California
I'm 21, full time college student, receive financial aid, and unemployed.
Today, I was caught shoplifting at Walmart in California. I was stopped at the door by casually dressed securities and followed them in a small office. They asked for the merchandise (less than $50), asked for my DL, and phone number. They said I will be receiving a fine in the mail in about two weeks and that if I shoplift in any Walmart again, cops will be involved. So, cops were not involved, picture was not taken, and no fingerprints taken or papers signed.
This is my first offense, and I worry a lot, so I don't know what going to happen.
My questions are:
How much is the fine? Would I have to go to court?
After I pay the fine, will everything be settled and over?
Will I be in any record that will affect me in any way?
Will I still be able to get a job? Maybe not Walmart, but other retail stores, etc?
Will it affect my eligibility of receiving financial aid?
Will it affect my acceptance in a four-year university?
Who will know about this offense? Other companies, school, banks, etc?
Also, others who posted here that shoplifted at walmart, mentioned that the security gave them a number to call.
Why didn't I get a number? Is that bad or good?
I'm just really scared and worried to what's going to happen to me now. What I did was stupid and I am never doing it again!
Re: First Offense: Caught Shoplifting at Walmart in California
It's not a FINE. It's civil restitution for the damages you caused them. It will be between $50-500 (plus the value of the merchandise if you didn't return it in a sellable condition).
If they didn't report it to the police, that will probably be the end of it.
The only "record" that will result is a possible entry into the National Retail Theft Database which means when you apply for jobs at other retailers that subscribe, you may encounter them knowing about you. The actual subscribers to the NRTD aren't publicized but you can probably count on Walmart and most of the other big boxes being part of it.
All that number and the letters are contacts at Walmart's "Lawyers" which are special agents designed to coerce these fees from the captured shoplifters.
Re: First Offense: Caught Shoplifting at Walmart in California
So there will be no criminal record and no charges will be filed?
Re: First Offense: Caught Shoplifting at Walmart in California
They can file charges. There will also be a separate letter for a Civil Demand.
Re: First Offense: Caught Shoplifting at Walmart in California
Do i have to go to court? How do I know?
I'm not really sure what's going to happen and I don't really know anything about stuff like this, so I'm scared and worried. I don't want this to affect my future. I know what I did was stupid and I regret it so much!
Can someone explain to me what they might do? and what are the probabilities?
Like I know I will get a civil demand for sure. and others are advising to not pay them?
What is the probability that I will have to go to court?
Will this be on criminal records? But cops were not involved and the security said it will not be on the record. So should I believe him?
When DAs file charges thats when you go to court right? or is that a different story?
How do you know if they will? Can you stop it from happening?
Re: First Offense: Caught Shoplifting at Walmart in California
You will be notified when and if you have to go to court. We have no way of judging the probabilities at this point.
Just because the store didn't call the cops at the time, doesn't mean they can't. Walmart tends to prosecute shoplifters vigorously.
IF they do, you are correct that the DA will be the one to make the decision whether or not to prosecute. You will be told if it is done, and no, there is not one damned thing you can do to stop it from happening. It is ENTIRELY out of your hands, and has been ever since you made the decision to steal.
Re: First Offense: Caught Shoplifting at Walmart in California
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iloth
Like I know I will get a civil demand for sure. and others are advising to not pay them?
Whoever is telling you not to pay the civil demand is an idiot. If there is even a chance that Wallmart is not going to forward a report to the police/prosecutor, having you decide to not pay the demand will most definitely cause them to change their minds. You will be criminally charged and, then, paying that civil demand will be a part of your sentence...as in the judge telling you, "pay it or go to jail."
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iloth
What is the probability that I will have to go to court?
Nobody here can tell you. Only the management at Wallmart can give you that probability.
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iloth
Will this be on criminal records?
Only if Wallmart presses charges and you get convicted.
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iloth
But cops were not involved and the security said it will not be on the record. So should I believe him?
You have to understand that "security" cannot promise you that. That person may have influence as to who get prosecuted or not, but they do not run the store or make policy. The store management will make that call based on company policy.
Re: First Offense: Caught Shoplifting at Walmart in California
You also have to understand....failure to pay that Civil Demand....wanna know what can happen?
They'll send you another. For a higher amount. Then they can take you to Civil Court, add in their attorney fees ($200/hr).....win a judgment against you. Still don't feel like paying? Next they can make a nice mark on your credit rating, making it hard for you to even get an apartment or a loan for a car. This mark on your credit rating could even show up on Pre-Employment Background Checks......