Shoplifting Charge After Getting Caught Stealing Sunglasses
My question involves criminal law for the state of: California
She was stopped by Costco security with $56.99 sunglasses that were unpaid for in her purse. I had not a clue that she took them. I'm still in disbelief, but it's my duty to support her and research solutions at this critical time. She was escorted to the back offices, ID'ed, filled out paperwork, fingerprinted, and released without police on the scene. Upon discharge, she was banned for life from all Costcos and given a pink document called "Shoplift Arraignment Notice" WITH a Fremont Police Report Number but NO court date or time filled in. Questions: 1) Does that pink document automatically mean that Costco or the DA will prosecute her? 2) Is there anything proactive I can do for her right now? Should I immediately ask an attorney to complete a so-called "trial diversion" on her case?
Just to clarify, the form given to her by security was simply a pink document that somewhat resembles the following.
Header: City of Fremont - Police Department
Title: Shoplift Arraignment Notice
Her info: Name, DOB, Address, License, and thumbprint.
You have been apprehended and detained by loss prevention officer (redacted) who is employed by Costco.
You are being accused of petty theft. Property was illegally taken from this business. California State Penal Code Section 490.5 allows the security officer to detain you and obtain information that will aid law enforcement in the investigation of this crime. By allowing you to sign this notice, the security officer has elected to release you without direct police involvement. A criminal report will be sent to you the Fremont Police Department and the Alameda County District Attorney's Office for review and possible criminal complaint.
I hereby promise that I will appear in the Fremont-Newark-Union City Judicial District, County of Alameda, located at.... (followed by blank spaces on the date and time). [Ie, the security officer didn't fill those blanks in.]
Failure to obey a written promise to appear will result in a warrant being issued for your arrest. If you have any questions, please call the Fremont Police Department at ...
[The security officer said we should call the police department to follow up on the court date.]
Wife's signature and date.
Re: Wife's Shoplift Arraignment Notice from Costco for $56.99 Sunglasses Unpaid for
I suggest you hire her a lawyer and hope he/she can get her diversion. She will also receive a civil demand in the mail you should pay.