Shoplifting at Macy's in Massachusetts

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Quoting adjusterjack

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They are trained to do that so that the thief will be quiescent.

I did a little googling and found that your same question has been asked many, many times by many of your fellow criminals. Yet I found only a couple of references to people actually getting arrested and prosecuted.

Perhaps it is a bluff just to get you to pay the civil demand. Perhaps it's not. After all, the store doesn't have to report it right away. It has your confession and all the evidence to go along with it. It can turn it over to the authorities at any time.

Do you want to roll the dice?

Do you feel lucky?

Well, do ya, punk?

(That's my best Clint Eastwood impersonation.)

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I think generally speaking that people will mostly seek advice online if their situation was serious enough to warrant that request for advice. Naturally, I would expect that the search results would be very skewed. Unless you are able to find an online record of every shoplifting incident along with it's outcome, I doubt you'd be able to tell how a certain case would proceed. I was hoping that someone with a heart, and sufficient experience for that matter, would be able to tell me something that I would not otherwise be able to find out by "googling" this case, which by the way, is something I am quite capable of doing myself. Given how you are referring to me and "[my] fellow criminals", I'm not inclined to think you are genuinely trying to help.

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Quoting Disagreeable

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It is the difference between compelling the payment of a legal civil demand without court action and extortion.

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Yes, I would think that it would be in everyone's interests if they were straightforward about how to proceed. If they were willing to drop charges if I made a payment, then wouldn't they be willing to enter a negotiation first, and make their demands. This is something that I asked about in one of my questions. If they were willing to drop the charges in exchange of a payment, I would accept that offer. It seems to me what you're saying is that they're not allowed to make such an offer because it would be viewed as extortion, but they can elect not to exercise their right to prosecute if I make the payment.

And I think it would be in everyone's interests if there were penalties high enough to act as a deterrent. All your whining about what a bad mistake you made and how bad you feel about it don't sound very creditable when you're here trying to find ways to avoid penalties or taking any responsibility for what you did.

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Quoting rafaesf

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Yes, I would think that it would be in everyone's interests if they were straightforward about how to proceed. If they were willing to drop charges if I made a payment, then wouldn't they be willing to enter a negotiation first, and make their demands. This is something that I asked about in one of my questions. If they were willing to drop the charges in exchange of a payment, I would accept that offer. It seems to me what you're saying is that they're not allowed to make such an offer because it would be viewed as extortion, but they can elect not to exercise their right to prosecute if I make the payment.

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It's not extortion.

And it's ludicrous for you to think you have even the slightest bit of leverage here.

If I understand the poster here, it's already been submitted to the clerk-magistrate. He's got wishful thinking (given by the LP guy) that the clerk-magistrate will hold the criminal charges for a while and then dismiss them. That's a possibility and perhaps the fact that he's paid restitution will influence the c-m, but pretty much if Macy's has submitted them to the c-m, he'd be advised to have a lawyer with him when they go in for the hearing.

It is again strenuously NOT the case that criminal charges are not coming because there was no police or arrest at the scene. If Macy's says they are filing with the C-M he can count on having to show cause there why he shouldn't be charged.

First of all if you never shoplifted in the first place you would not be here asking us what can or can't take place. You decided to commit the crime and now its time to pay the fine.

I would first of all retain a lawyer on contingency and get a free consultation. If this is your first offense you can ask for a Diversion and do community service in addition to paying the Civil Demand and any other costs associated with it.

Secondly stay out of any Macys your Ban is most likely for all Macy Stores and their Parent Companies. Perhaps you can write to Macy's Corporate in 6 months or when your Civil Demand has been paid off to lift the ban. If they decide to lift the ban then hang on to the letter for sometime and show it if you are stopped by LP for tresspassing.

Also your name may have been entered into the National Theft Retail Database and any companies that subscribe to it will be able to see your name and any employment in retail will be almost impossible to get and if you are currently working in retail they may run another background check and you could be released from your duties when they see this shoplifting charge.

You may not be able to apply for University Programs that deals with working with the Public such as Nursing, Accounting or other careers that involve managing money/finances.

I would start preparing a course of action and hope for the best outcome possible. Remember its the people of MA who decide your fate. Don't use any excuses such as "I forgot to take my medication" as the Judge has heard it all.

Respond tot he Judge Yes your Honor No your Honor. Do not ramble on just answer the questions truthfully and to the point. Dress as if your going to an Interview, leave all electronics in your car and no not bring food or chew gum. Be respectful to those you come into contact with.

And learn your lesson as if you commit another crime your consequences will be harsher such as doing some time in jail.

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Quoting travelplus

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First of all if you never shoplifted in the first place you would not be here asking us what can or can't take place. You decided to commit the crime and now its time to pay the fine.

I would first of all retain a lawyer on contingency and get a free consultation. If this is your first offense you can ask for a Diversion and do community service in addition to paying the Civil Demand and any other costs associated with it.

Secondly stay out of any Macys your Ban is most likely for all Macy Stores and their Parent Companies. Perhaps you can write to Macy's Corporate in 6 months or when your Civil Demand has been paid off to lift the ban. If they decide to lift the ban then hang on to the letter for sometime and show it if you are stopped by LP for tresspassing.

Also your name may have been entered into the National Theft Retail Database and any companies that subscribe to it will be able to see your name and any employment in retail will be almost impossible to get and if you are currently working in retail they may run another background check and you could be released from your duties when they see this shoplifting charge.

You may not be able to apply for University Programs that deals with working with the Public such as Nursing, Accounting or other careers that involve managing money/finances.

I would start preparing a course of action and hope for the best outcome possible. Remember its the people of MA who decide your fate. Don't use any excuses such as "I forgot to take my medication" as the Judge has heard it all.

Respond tot he Judge Yes your Honor No your Honor. Do not ramble on just answer the questions truthfully and to the point. Dress as if your going to an Interview, leave all electronics in your car and no not bring food or chew gum. Be respectful to those you come into contact with.

And learn your lesson as if you commit another crime your consequences will be harsher such as doing some time in jail.

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Well, I don't know yet if this will go before a judge. I don't know if Macy's will even prosecute to begin with. If they did, my hope is to have the case dismissed at the clerk-magistrate hearing. My main concern was if Macy's was likely to prosecute, and whether my paying the civil demand had any bearing on that decision. Many thanks for the advice on how to conduct myself before a judge, though.

Macy's genreally does not get to decide whether to prosecute. If they started the clerk-magistrate process, the wheels of prosecution have started. While you can quibble over the person holding the show cause hearing, you should TREAT HIM as if he was the chief justice of the US Supreme Court.