Stole but return the item, am i being charge with civil dispute?
I went to the local Wal-Mart. I was roaming through the game section and I sliced the tape off the game which it was 19.96$, then took the cd+cd activation key code.
As I walked out of the store, nearly half an hour to 45 minutes later, I was quickly approached by this female Asset Protection. It was approximately 3p.m. in Garden Grove, California. The AP told me to return the item and proceed to the office to discuss what happened earlier. I told them I took it and now I returned the stolen item. I provided my ID card and my age(18) to them as well but they did not take a picture of me. They told me that I have to pay the fine through a letter will be sent home in 4-6 weeks. No police officer came to the Wal-Mart. They banned me from Sams Club and other Wal-Marts.
Should I expect the police to show up at my door, and if they do, will I be booked at the jail, or just cited and told to go to court? Like it was definitely under $25. I really appreciate everybody's time and help.
Re: Stole but return the item, am i being charge with civil dispute?
The letter is called a civil demand. Most of the shoplifting experts here will recommend that you pay it. Walmart reserves the right to file a criminal complaint with the police. I can't predict if they will or not.
They likely have your picture from surveillance cameras. They certainly have a copy of your ID which also has a photo. So stay out of Walmart properties.
The fact that you are now 18 should force you to amend your ways because any criminal activity you commit now can now follow you for life and ruin opportunities for school, work, the military, and a whole host of other things you'd like to do. Stop taking things you haven't paid for.
Others may post here with more specific advice. There's also a lot of great info to be had by using the search function.
Re: Stole but return the item, am i being charge with civil dispute?
Note that the civil demand is 100% independent of your criminal charges. While geek is right that most of the respondents here (I'd be reticent to call them experts) recommend paying it, that is far from a universal view held by attorneys representing shoplifters. Of course if you ever intend to try to request lifting the trespass ban, making restitution might help.
You didn't say where this happened, but in most cases if the police were not informed immediately, they probably aren't going to be. It's possible that the complaint will be handled later (up to a year typically). The amount you stole largely is irrelevant. In some states you may find a complaint in the mail and an order to go down to the police department for fingerprints and mug shots prior to the trial. If you have ANY contact with the police or prosecutors office, decline to speak with them until you have an attorney representing you. Looking up one now wouldn't be a bad idea.
As pointed out, you can be guaranteed that Walmart will be less friendly the second time around. Just setting foot in the store is criminal. While they may not be running facial recognition on you, running afoul of anything (particularly being even suspected of shoftlifting), may result in you being held for the arrest on trespassing
Re: Stole but return the item, am i being charge with civil dispute?
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Quoting
flyingron
Note that the civil demand is 100% independent of your criminal charges. While geek is right that most of the respondents here (I'd be reticent to call them experts) recommend paying it, that is far from a universal view held by attorneys representing shoplifters. Of course if you ever intend to try to request lifting the trespass ban, making restitution might help.
You didn't say where this happened, but in most cases if the police were not informed immediately, they probably aren't going to be. It's possible that the complaint will be handled later (up to a year typically). The amount you stole largely is irrelevant. In some states you may find a complaint in the mail and an order to go down to the police department for fingerprints and mug shots prior to the trial. If you have ANY contact with the police or prosecutors office, decline to speak with them until you have an attorney representing you. Looking up one now wouldn't be a bad idea.
As pointed out, you can be guaranteed that Walmart will be less friendly the second time around. Just setting foot in the store is criminal. While they may not be running facial recognition on you, running afoul of anything (particularly being even suspected of shoftlifting), may result in you being held for the arrest on trespassing
I wouldn't be; SecurityConsultant has some 30+ years at the highest levels of management in the loss prevention industry and has appeared as an expert witness in numerous civil and criminal trials. I have 10+ years experience working in loss prevention for several national companies, I have 11 years experience in law enforcement, have been through two law enforcement academies, and have personally arrested or been involved in the arrest of thousands of shoplifters. And that's just the two of us; I know that others who post here also have many years experience at the management level of loss prevention.
Lawyers give stupid advice sometimes. Don't want to pay your civil demand? What are you going to do if and when the store sues you and the price automatically doubles due to court costs and fees? Will your lawyer pay it for you? No, he or she will just say something like "wow, I mean, I knew they COULD do that, but, um, I've never, ah, HEARD of it happening, at least, uh, as far as my past clients have told me - but - I guess I just represent them in criminal court, so I don't really follow up on what happens with the civil demand part of it anyway."
To the OP: PAY the civil demand.
I'm confused about how you do not know whether you will be prosecuted. Surely they TOLD you that? Were you not paying attention? If you want to know whether charges will be filed, call the store and ask. I'd guess they will not be, but in some areas the police aren't part of the equation in shoplifting cases and loss prevention files directly with the prosecutor. They are the only ones who can answer this.
Re: Stole but return the item, am i being charge with civil dispute?
That's right. SC works for the industry and is biased. You have zero knowledge of the civil side. Just about every REAL ATTORNEY I know says to ignore those letters. On the off-chance that they do go to the effort to actually file a civil suit, you're NOT that much worse off. The issue IS, and it is why I put the word lawyers in quotes, is that these demands don't spend a lot of effort. They write the letters in hopes of inducing a little revenue without any work. Letters are easy.
Re: Stole but return the item, am i being charge with civil dispute?
I suppose it depends on how much you like to gamble, and whether you signed any admission or agreement to pay. By NOT paying you could turn the $300-ish assessment into an $800 collections matter that will affect your credit rating and future.
So, how lucky do you feel?
Re: Stole but return the item, am i being charge with civil dispute?
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flyingron
That's right. SC works for the industry and is biased. You have zero knowledge of the civil side. Just about every REAL ATTORNEY I know says to ignore those letters. On the off-chance that they do go to the effort to actually file a civil suit, you're NOT that much worse off. The issue IS, and it is why I put the word lawyers in quotes, is that these demands don't spend a lot of effort. They write the letters in hopes of inducing a little revenue without any work. Letters are easy.
Not at all true. In fact, I just participated in a corporate conference call on this issue.
As this and other message boards continue to give people advice to evade their commitments and advise them to NOT grow up, admit they made a mistake, and pay the consequences, lawsuits over these will become common place. It is true that some companies have historically not pursued these cases very often, but I can tell you with firsthand knowledge that that tide is changing - rapidly.
Companies, confronted with the wisdom of the internet, and the fact that once you set up an operation of lawyers it's really not that expensive to pursue, are beginning to actually file suits on these demands. Think about credit card defaults: the card companies learned long time ago how to expediently sue and collect from default debts. Retailers are learning right now how that process works and can be applied to the issue of civil demands.
The "REAL ATTORNIES" who give that advice are usually criminal lawyers - and as I said, how many of them follow up with their clients to see whatever became of the civil demand? Probably none. They don't really know what happens - they just talk.
cdwjava's post nails it - the only part I take issue with is the amount. Turn a $300ish amount into $800? Nope - more like turn a $300 ish amount into a $2,000 one that keeps skyrocketing.
Re: Stole but return the item, am i being charge with civil dispute?
Do you have any actual useful information or do you want to just repeat the same old nonsense. Palmer Reifler, the "law firm" that many of the big retailers, including Walmart employs has taken less than 10 cases to court. There's big business in perpetrating the myth that something will happen to you if you don't pay.
Palmer Reifler isn't concerned about due process or the law either. They've aggressively abused people whose prosecutions have been dismissed when shown that they are factually innocent. These outfits are as scummy as their related debt collection brethren. Note that the prelitigation escalation of legal fees has not been shown to actually be legal in many states.
Absent an actual lawsuit and judgement there's not going to be any impact on your credit report.
Re: Stole but return the item, am i being charge with civil dispute?
The $800 amount is when the matter solely goes to collections. Typically, here, we see an additional $500 tacked on when they go to collections. A lawsuit in Small Claims may result in higher costs.
Re: Stole but return the item, am i being charge with civil dispute?
Quote:
Quoting
flyingron
Do you have any actual useful information or do you want to just repeat the same old nonsense. Palmer Reifler, the "law firm" that many of the big retailers, including Walmart employs has taken less than 10 cases to court. There's big business in perpetrating the myth that something will happen to you if you don't pay.
Palmer Reifler isn't concerned about due process or the law either. They've aggressively abused people whose prosecutions have been dismissed when shown that they are factually innocent. These outfits are as scummy as their related debt collection brethren. Note that the prelitigation escalation of legal fees has not been shown to actually be legal in many states.
Absent an actual lawsuit and judgement there's not going to be any impact on your credit report.
We do not use Palmer Reifler.
As I said, regardless of what has happened or not happened in the past, the current landscape is changing. Believe me or don't.
In a lawsuit, the "escalation of legal fees" is absolutely legal; our lawyers bill at somewhere around $500/hour. With them even getting involved, a civil demand can go from $200 (at the lowest level) to $700 in the blink of an eye. Again, believe me or don't.