Will a Store Report You For Shoplifting After Allowing You to Leave

My question involves criminal law for the state of: Wisconsin

On Sunday, I was caught shoplifting at Walmart. I really don't know how to begin describing what happened. There was some stuff I took that I didn't even need- can't even say why I did it, I still don't know. Regardless, there were a couple of packages I had opened and left in the store, and another item that still had tags on it that was in my purse. Also, so I don't forget, I'm 22 and the items were for sure under $25.00, right on the cusp between $19 and $20, I believe... They were never totaled up.

Anyway, I was walking out to the car and we (I was with my aunt and some cousins) were stopped by the LP and an associate of the store. She (the LP. The associate was male) asked if I would turn over my concealed items, so I looked in my purse and handed over the one with the tags. She knew there was more so she asked for those as well and asked me to follow her inside to this little room.

When I got inside, I was completely distraught. She kept asking for the other items and I didn't want to turn them over, mainly because of the fact that my aunt had come inside with me and I didn't want to admit what I did to her. I was ashamed enough of what I had done.. She said if the cops ended up coming to search my house and finding them, it would mean court, etc.

After this, she got out a form and asked for my license so she could take down my information. She asked whether or not the address was current, and she also asked for my social security number and a phone number. Then, she had me sign some form which she said was an authorization for her to take my picture, basically. I vaguely remember reading it over and that is what it was. She gave me a couple of hand outs, one explaining what might happen with a phone number to reach their corporate office and also one with the Wisconsin laws on it.

Before she let me go, she asked for the items she knew I had. She was like "I was watching you. I know you saw me." Which, if I'm being 100% honest, I did not see her and, if I did, I truly don't recall- like maybe I did in a passing glance or something but don't remember. So I had them in my hand and held them out to her so my aunt couldn't see and I ended up breaking down. She was like "You seem like a very nice person who just made a bad decision. I hope this doesn't happen again." And she gave me a little time to gather myself before she let me go.

I have a couple of questions, though. I'm just getting antsy with all of the unknown.

1. If the police weren't called, will they be notified at all? I know she mentioned something like they have a year to pursue it but it sounded like that was if I didn't pay the civil demand.
2. What exactly is a civil demand? I've read on other forums and legal advice websites that they advise not to pay a civil demand because it isn't court ordered? They also say because of the fact that they have so many cases in a year, they rarely ever take any to court when they don't receive their civil demand money.
3. She said that it won't go on my record but it will be kept at Walmart and if it happens again, then I will be charged for the second time and also the first. So, does this mean it will affect my chances of getting a job anywhere, or only in the retail sector?
4. She also mentioned something about a court date being on the civil demand paper, but from what I recall, she said that is for if I don't plan on paying the civil demand. I know none of you will know whether or not I will have to appear in court, but what typically happens in a situation like this?
5. Also, I live in a county other than Milwaukee, but I found a course for first-time offenders of retail theft that is held at the UW-Milwaukee campus. Do you think that an interest in that would help me if I were to appear in court?
6. Should I look into a lawyer? Where would I even start with that?

Thank you for any and all advice.

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Quoting beezee

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1. If the police weren't called, will they be notified at all? I know she mentioned something like they have a year to pursue it but it sounded like that was if I didn't pay the civil demand.

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The store certainly CAN file a report with the police after the fact. But, it sounds unlikely that they will…unless they have problems with the civil demand or something else happens that causes them to believe that criminal charges are warranted.

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Quoting beezee

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2. What exactly is a civil demand? I've read on other forums and legal advice websites that they advise not to pay a civil demand because it isn't court ordered? They also say because of the fact that they have so many cases in a year, they rarely ever take any to court when they don't receive their civil demand money.

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A civil demand is a remuneration to the store to help cover the cost of the stolen items (they usually can't put them back on the shelf for sale, even when they are recovered) and the costs of their theft prevention efforts. As the name implies, a civil demand is allowed by law and, if you fail to pay, the store can file a civil suit to collect. No, it is not court ordered (unless you are criminally charged and it ends up included in your sentence), but not paying can result in some far reaching consequences (not the least of which is causing the store to re-think the decision to not file a criminal complaint on you).

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Quoting beezee

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3. She said that it won't go on my record but it will be kept at Walmart and if it happens again, then I will be charged for the second time and also the first. So, does this mean it will affect my chances of getting a job anywhere, or only in the retail sector?

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She was probably referring to a national shoplifting database that many (most?) retail stores have access to and will check as part of a hiring background check. Many other types of employers also have access and will check.

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Quoting beezee

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4. She also mentioned something about a court date being on the civil demand paper, but from what I recall, she said that is for if I don't plan on paying the civil demand. I know none of you will know whether or not I will have to appear in court, but what typically happens in a situation like this?

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I you don't pay, they will file a civil suit against you to collect. However, I don't see how they could know a court date for such a suit beforehand.

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Quoting beezee

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5. Also, I live in a county other than Milwaukee, but I found a course for first-time offenders of retail theft that is held at the UW-Milwaukee campus. Do you think that an interest in that would help me if I were to appear in court?

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Taking the initiative to attend such a course certainly couldn't hurt, and might look good to the judge. However, if you are criminally charged and are offered a deferred prosecution or diversion program, such a course would likely be part of that agreement. Whether or not the court would accept your prior attendance or not is hard to say.

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Quoting beezee

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6. Should I look into a lawyer? Where would I even start with that?

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That one I cannot help you with. I would suggest the yellow pages or online sources for criminal defense attorneys in your area.

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Quoting beezee

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My question involves criminal law for the state of: Wisconsin

On Sunday, I was caught shoplifting at Walmart. I really don't know how to begin describing what happened. There was some stuff I took that I didn't even need- can't even say why I did it, I still don't know. Regardless, there were a couple of packages I had opened and left in the store, and another item that still had tags on it that was in my purse. Also, so I don't forget, I'm 22 and the items were for sure under $25.00, right on the cusp between $19 and $20, I believe... They were never totaled up.

Anyway, I was walking out to the car and we (I was with my aunt and some cousins) were stopped by the LP and an associate of the store. She (the LP. The associate was male) asked if I would turn over my concealed items, so I looked in my purse and handed over the one with the tags. She knew there was more so she asked for those as well and asked me to follow her inside to this little room.

When I got inside, I was completely distraught. She kept asking for the other items and I didn't want to turn them over, mainly because of the fact that my aunt had come inside with me and I didn't want to admit what I did to her. I was ashamed enough of what I had done.. She said if the cops ended up coming to search my house and finding them, it would mean court, etc.

After this, she got out a form and asked for my license so she could take down my information. She asked whether or not the address was current, and she also asked for my social security number and a phone number. Then, she had me sign some form which she said was an authorization for her to take my picture, basically. I vaguely remember reading it over and that is what it was. She gave me a couple of hand outs, one explaining what might happen with a phone number to reach their corporate office and also one with the Wisconsin laws on it.

Before she let me go, she asked for the items she knew I had. She was like "I was watching you. I know you saw me." Which, if I'm being 100% honest, I did not see her and, if I did, I truly don't recall- like maybe I did in a passing glance or something but don't remember. So I had them in my hand and held them out to her so my aunt couldn't see and I ended up breaking down. She was like "You seem like a very nice person who just made a bad decision. I hope this doesn't happen again." And she gave me a little time to gather myself before she let me go.

I have a couple of questions, though. I'm just getting antsy with all of the unknown.

1. If the police weren't called, will they be notified at all? I know she mentioned something like they have a year to pursue it but it sounded like that was if I didn't pay the civil demand.
2. What exactly is a civil demand? I've read on other forums and legal advice websites that they advise not to pay a civil demand because it isn't court ordered? They also say because of the fact that they have so many cases in a year, they rarely ever take any to court when they don't receive their civil demand money.
3. She said that it won't go on my record but it will be kept at Walmart and if it happens again, then I will be charged for the second time and also the first. So, does this mean it will affect my chances of getting a job anywhere, or only in the retail sector?
4. She also mentioned something about a court date being on the civil demand paper, but from what I recall, she said that is for if I don't plan on paying the civil demand. I know none of you will know whether or not I will have to appear in court, but what typically happens in a situation like this?
5. Also, I live in a county other than Milwaukee, but I found a course for first-time offenders of retail theft that is held at the UW-Milwaukee campus. Do you think that an interest in that would help me if I were to appear in court?
6. Should I look into a lawyer? Where would I even start with that?

Thank you for any and all advice.

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If they let you go without calling the police then other than a civil demand, nothing further is going to happen unless they catch you again. If they catch you again they are going to go after you with a vengeance. Thank your lucky stars that things turned out the way that they did, and take this as an object lesson for the future.

I'd pay the Civil Demand. Then if you are ever tempted to shoplift again, remember how cheap $20 is in comparison to the Civil Demand.

CAN a store report you for shoplifting after allowing you to leave? Yes.

WILL a store report you for shoplifting after allowing you to leave? Unknown - the crystal ball is out for repairs.

So, kind of a follow-up question of sorts. If I was not told, given or signed any papers saying I am banned, does this mean I can still enter a Walmart? The reason I think yes is because the LP had mentioned if I were ever caught shoplifting at a Walmart or Sam's Club again in the future that they could charge me for both incidences. The reason I ask is because I generally have my prescriptions filled at their pharmacy. I could always go elsewhere, but I have some that require picking up.

Lastly, how long does it typically take to receive the civil demand in the mail? So far it has been approximately 7 business days. I realize they could still be processing the case... I'm just looking for somewhat of a general time frame, if there is one.

Thank you!!

I would call the store, ask for LP Dept, and ask if you are banned or not.

If not...when you do into the store, do everything imaginable to eliminate suspicion....forget the reusable bags, no bulky clothes, no large purse. In fact, I would carry my wallet and keys in my hand and leave the purse at home.

as for the Civil Demand...there's no way of guessing when it will arrive, really depends on a lot of things including how many cases WalMart's attorneys have....

Okay. Thank you. I have not called yet, but I have had to go into that same store. The very first time I made sure I only had my keys and wallet. Then, I had to visit a Walmart in another town, but I made it painfully obvious that I was only there for shopping. My purse sat in my cart, untouched by me until I needed my wallet at the register.

I will try calling tomorow. Thank you for your help.