How do you know if you will be prosecuted

If you were caught shoplifting, how do you know if they are prosecuting or doing anything criminally?

Q: If you were caught shoplifting, how do you know if they are prosecuting or doing anything criminally?

A: One way is that you notice handcuffs on your wrists.

Well, you could also get a summons in the mail, or served to your house by an officer. But the presence of police officers at the scene is one of the leading indicators.

Therefore, it is somewhat safe to say if the police weren't called, the store is most likely not prosecuting?

Q: Therefore, it is somewhat safe to say if the police weren't called, the store is most likely not prosecuting?

A: Why did you not say in your first post that the cops knew nothing about this? :wallbang:

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Quoting dancer34

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Therefore, it is somewhat safe to say if the police weren't called, the store is most likely not prosecuting?

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No that is NOT a safe assumption some stores write up paperwork first then give it to PD for prosection whihc could take months for DA to file and warrant to be issued!

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Quoting panther10758

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No that is NOT a safe assumption some stores write up paperwork first then give it to PD for prosection whihc could take months for DA to file and warrant to be issued!

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Good points.....:D

Well, the LP specifically said they weren't prosecuting. Would they tell me if they were?

Ok 8 posts later you tell us they said they werent! You should be prosecuted for wasting out time!! If LP said they were not pressing charges then they are not! There is no call for them to lie to you. They clearly were satisified with getting merch back. Next time give us all the info!

I just don't understand why they aren't... Isn't it like mandatory to prosecute all offenders....?

Some retailers practice "discretionary prosecution". And some, like mine, do not. $2, $20, $200, $2000 --- does not matter to me.....I'll see ya in court.

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Quoting dancer34

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I just don't understand why they aren't... Isn't it like mandatory to prosecute all offenders....?

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Different stores and different cities have different policies.

In some cities there just aren't enough cops to call for every detained shoplifter, so they don't go for prosecution on most of them. In some places - like mine - the merchants tend to prosecute almost everyone.

In my state it is highly unlikely that you will see loss prevention put together a case and submit it to the DA without having called the cops initially. In fact, in all my 15 years I have NEVER known that to happen. Maybe it does happen someweher, but I have never heard of it. Additionally, most agencies will want to talk to you before they file the report with the DA.

The bottom line is that if the police have not tried to get a hold of you, then you should be in the clear. Keep in mind that should you not pay the civil demand notice that you will almost certainly receive from the merchant, then ANYTHING could happen.

- Carl

Not paying the Civil Demand could result in poor credit rating and/or legal actions that will cost even more. If you are fighting charge then I suggest you request a hearing or whatever measure is required to fight a Civil Demand. We have gone over several times on if you will be charged and ther eis no REAL answer. If LP has your information and all evidence required then yes they can prosecute and may have! It could take months before you are summoned!

well - all they have is my name and address (no ss#) and told me they are just putting it in their internal store database. like i said - they told me they aren't involving the police. does "not involving the police" mean no criminal record? All i am worried about is a criminal record. maybe if i receive a civil demand that will give me some indication of what they decided to do. if i don't receive a civil demand in the next couple weeks (which they said i would not) - then they probably decide not to prosecute either, right? Cause as I understand it and from reading posts, civil demands come first, then the summons (which could be months later). So if I don't recieve the civil demand in the next couple weeks, is it safe to assume probably no criminal action either? I realize stuff differs from state to state and store to store, but it's probably generally clear across the board.

To anyone considering shoplifting - DO NOT. it is stupid and you could face a life time of consequense, worry, regret, etc. Not only that, but it costs the average consumer A LOT of money each year.

Civil Deamnd and prosecution have NOTHING to do with each other. Depending on how things get processed it could be several weeks or mnths before you get Civil Demand notice. Do not confuse them with each other they are separate!

what i'm asking is if it's common for a store to prosecute with no civil demand?

Civil Demand is almost a gurantee! Doesnt matter if they prosecute as I said they are separate!