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Caught Stealing Nail Polish, Police Were Not Called

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  • 12-05-2013, 12:46 PM
    Ccstudent
    Caught Stealing Nail Polish, Police Were Not Called
    My question involves criminal law for the state of: Washington State

    I recently shoplifted 3 dollars worth of nail polish at WinCo. I was stopped on my way out by security and was taken into a small room with a female witness. The guy was very calm and cool about the situation. He told me he would try and get me out in 10-15 minutes. All he did was copy down information from my license to their computer. He took my picture and made me sign the no trespassing paper until I'm 18 (since I am only a minor/16 years old). He then told me to call my mom so that she can come and release me. She came and signed the papers. At the end, he explained the civil demand to me and gave me a paper to sign saying that I will pay the demand by a certain date. He did not call any cops nor did he tell me he was filing charges. The civil demand is 150.

    1. I've read not to pay it but on the civil demand paper it says that if I fail to pay it, they will report it. I think my best option would be to pay it and see what happens from there. Am I right?

    2. What are the chances that they will file the charge after I pay the civil demand?

    3. Who files the charge to the police? The LP who caught me, or someone else? I think if the LP is the one to decide that, then he won't. He was very understanding. He even started to make jokes while he was taking down my information.

    4. People say that paying the demand is admitting that you're guilty. Wouldn't signing the papers already prove you've done it? I'm pretty set on paying the demand.
  • 12-05-2013, 01:24 PM
    flyingron
    Re: Stole from Winco. No Cops Called
    I'm not going to comment on #1. There are radically different opinions on the matter on this forum and I'm not setting myself up for that abuse. You should consult a lawyer.

    The merchant can't file charges. It's not really up to them, the state is the injured party here. All they can do is report it or not to the police. It's up to the police and prosecutor to decide what charges to file. It matters NOT who informs the police (LP, corporate, whatever).

    Paying the civil demand doesn't imply civil guilt. Your confession may be pretty damning evidence, but they probably have enough to convict you based on the testimony of the security guys (who going to court to testify is what they live for).
  • 12-05-2013, 04:47 PM
    PandorasBox
    Re: Stole from Winco. No Cops Called
    Your parents needs to see a lawyer about the Civil Demand. In my case, my lawyer told me to pay it and bring proof to court, it turns out it is mandatory in Michigan.

    But you parents would be the ones punished for not paying it - and it could affect their credit rating. So they should talk to an attorney about should/shouldn't they.
  • 12-05-2013, 05:15 PM
    Ccstudent
    Re: Stole from Winco. No Cops Called
    Quote:

    Quoting PandorasBox
    View Post
    Your parents needs to see a lawyer about the Civil Demand. In my case, my lawyer told me to pay it and bring proof to court, it turns out it is mandatory in Michigan.

    But you parents would be the ones punished for not paying it - and it could affect their credit rating. So they should talk to an attorney about should/shouldn't they.

    Yeah but I haven't gotten a court summons and the LP didn't say he was charging me. I will pay it but I'm just not sure if I'm going to end up going to court or not. Many keep telling me that since I stole only 3$ worth, that it won't be worth their time to file or anything like that. I'm hoping that this is the case since the cops were never contacted in the first place.
  • 12-05-2013, 05:43 PM
    PandorasBox
    Re: Stole from Winco. No Cops Called
    You need to talk to your parents and either urge them to just pay the Civil Demand, or talk to a lawyer about whether they should pay it or not. The thing is that if not paid, the amount can be increased, and increased again, then a Civil Lawsuit filed. So your parents should talk to a lawyer.
  • 12-05-2013, 06:36 PM
    Ccstudent
    Re: Stole from Winco. No Cops Called
    Quote:

    Quoting PandorasBox
    View Post
    You need to talk to your parents and either urge them to just pay the Civil Demand, or talk to a lawyer about whether they should pay it or not. The thing is that if not paid, the amount can be increased, and increased again, then a Civil Lawsuit filed. So your parents should talk to a lawyer.

    Well we are for sure paying it. (Well they're making me pay by money order). But we can't afford a lawyer so would the best bet to pay the civil demand and move on? That's what we're set on.
  • 12-05-2013, 06:49 PM
    Dogmatique
    Re: Stole from Winco. No Cops Called
    Obviously we can't predict what will happen, but given your age, no past history and the willingness to pay the penalty there's a better-than-decent change of not ending up with a conviction.
  • 12-05-2013, 07:43 PM
    Ccstudent
    Re: Stole from Winco. No Cops Called
    Quote:

    Quoting Dogmatique
    View Post
    Obviously we can't predict what will happen, but given your age, no past history and the willingness to pay the penalty there's a better-than-decent change of not ending up with a conviction.

    Okay thanks. I just think that my situation was so minor that I have a small chance of getting a court summons or getting the police involved. Most threads I read are about people who steal almost 50$ worth whereas I was only 3$. I know that stealing is stealing but the LP didn't treat it as a big deal, especially because I cooperated and it was my first (and only) offense.
  • 12-05-2013, 07:57 PM
    Dogmatique
    Re: Stole from Winco. No Cops Called
    Just learn from it, and make sure you never do it again.

    :)
  • 12-05-2013, 08:20 PM
    Ccstudent
    Re: Stole from Winco. No Cops Called
    Quote:

    Quoting Dogmatique
    View Post
    Just learn from it, and make sure you never do it again.

    :)

    Thanks. I definitely have! I just hope this doesn't go further than the civil demand! Thanks again :-)
  • 12-06-2013, 02:54 AM
    mmmagique
    Re: Stole from Winco. No Cops Called
    That was some expensive nail polish, wasn't it? I really do hope you learn from this, and don't take the joking manner of the lp guy as it's less than serious. Theft is def. a serious matter.

    Good luck.
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