Caught when Shoplifting for the First Time
My question involves criminal law for the state of: Massachusetts
Hi,
I am a 20 year old high-achieving college student and I have never broken the law or been in trouble with the law before (not even a traffic ticket), but in a impulsive mistake, I attempted to shoplift some cosmetics and jewelry from Nordstrom Rack for the first time today and was caught. I have been suffering from depression, anxiety, and insomnia for a period of time now, and I think that contributed to my poor decision making. I absolutely regret it and take full responsibility. After, two store workers took me to a room, and in a panic attack, I blanked and initially lied about not having an ID with me. I did give the ID to them and voluntarily returned all items, totaling to approximately $116, but no item exceeded $20 in value. They took my photo, phone number, address, and copied my drivers license, and they had me sign a trespass form and civil demand form. They told me it was a first offense and did not call the police at the store. For some reason the security officer commented that I seemed like a frequent shoplifter, which is not true. They told me to expect a letter with a fine or to call a phone number in 3-5 days.
I was wondering what I should do next. If I pay the fine from the letter, will the police still be called and will I still be arrested/have to pay further fines? How long does it usually takes for a store to call the police on an offender? Do I need a lawyer to pay the fine, and should I hire a lawyer look over the charge/letter when it arrives?
I am worried that my initial panic and lie about not having my ID, coupled with the store worker's comment about me appearing to be a frequent shoplifter, would reflect unfavorably on me and potentially cause them to call the police. I think my extremely dazed and out-of-it appearance is what caused her to say that - I had not committed any legal crimes before this, and I honestly do not know what overcame me. I can barely remember the entire incident clearly and was trying to remember to breathe and not faint when they were talking to me. Also, I was wondering if this incident and paying the fine would affect future employment opportunities for me/count as a criminal record when applying to graduate schools and such.
Many thanks in advance.
Re: Caught when Shoplifting for the First Time
This incident could affect when you apply to graduate schools. What do you want to be when you grow up? And most of what you posted above seems like an excuse so you get pity. You stole. Pay the civil demand. If you are charged criminally, get a lawyer.
Re: Caught when Shoplifting for the First Time
Thank you Ohiogal for your reply. I know I committed a crime and deserve the punishment - it is just so out of character for me that I felt the need to justify and clarify my position. I am hoping to go into dentistry, and I was wondering if this incident would appear in my application (during checks or if I should state it). Would you know if it is likely that the store/police/court will pursue me after paying the civil demand?
Re: Caught when Shoplifting for the First Time
Quote:
Quoting
lu89
Thank you Ohiogal for your reply. I know I committed a crime and deserve the punishment - it is just so out of character for me that I felt the need to justify and clarify my position. I am hoping to go into dentistry, and I was wondering if this incident would appear in my application (during checks or if I should state it). Would you know if it is likely that the store/police/court will pursue me after paying the civil demand?
I don't know what the store/police will do. I do know that you may very well have to state it. You were caught shoplifting. You may very well be entered into a national database that retail uses. In other words this can be found.
Re: Caught when Shoplifting for the First Time
Thank you again Ohiogal.
Would you be able to help me clarify what the document they had me sign means?
The "Admonishment Agreement" I was given says at the top that "We have agreed not to refer you to the police for criminal prosecution at this time. Our action of releasing you without criminal prosecution does not release you from civil liability to Nordstrom. According to state law, we have the right to file a civil lawsuit against you to recover damages. We may send you a Notice of Civil Demand, offering you the opportunity to pay us an amount of damages specified by state law in exchange for our issuance of a written release from all civil liability. If you choose not to pay us the damages set forth in the Notice of Civil Demand we will retain our right to recover those damages by filing a civil lawsuit against you or pursuing any other remedies allowed under law."
Would the "written release from civil liability" be the agreement that the incident will be settled without police intervention/court appearance if I pay the amount?
Re: Caught when Shoplifting for the First Time
Quote:
Quoting
lu89
Thank you again Ohiogal.
Would you be able to help me clarify what the document they had me sign means?
The "Admonishment Agreement" I was given says at the top that "We have agreed not to refer you to the police for criminal prosecution at this time. Our action of releasing you without criminal prosecution does not release you from civil liability to Nordstrom. According to state law, we have the right to file a civil lawsuit against you to recover damages. We may send you a Notice of Civil Demand, offering you the opportunity to pay us an amount of damages specified by state law in exchange for our issuance of a written release from all civil liability. If you choose not to pay us the damages set forth in the Notice of Civil Demand we will retain our right to recover those damages by filing a civil lawsuit against you or pursuing any other remedies allowed under law."
Would the "written release from civil liability" be the agreement that the incident will be settled without police intervention/court appearance if I pay the amount?
NOpe. The written release from civil liability means only that they can't come after you for damages/restitution or other monetary things. The police could still be informed.
Re: Caught when Shoplifting for the First Time
Thanks Ohiogal.
How will I be notified if the police/court are informed? How long does it usually take for them to issue a summon/arrest?
Thank you so much again.
Re: Caught when Shoplifting for the First Time
Quote:
Quoting
lu89
Thanks Ohiogal.
How will I be notified if the police/court are informed? How long does it usually take for them to issue a summon/arrest?
Thank you so much again.
They have until the SOL expires for the prosecutor to charge you.