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Caught Shoplifting
I was caught shoplifting in NJ which according to the store was worth $40. It was the first time I did it, I don't know what I was thinking and I know now that it was very stupid. My life started flashing before my eyes and I was shaking with fright. I feel ashamed and really remorseful and cannot stop crying. I am not going to make excuses because there really is none. When asked about the items, I imediately came clean.
Also provided them with my driver's license, address and SSS number.
The store personnel who caught me said that they will not be pressing charges because it is my first offense and let me sign an acknowledgement that I shoplifted the items they listed in a form and also made me sign a form that I was given a copy of a notice banning from the store from that point forward. The police were never called and the total discussion lasted around 20 minutes.
I need advice on the following though:
1. They mentioned that their legal/corporate office may contact me for some liability. I assumed that this is to get back the cost incurred in reviewing my case in their store internally. If this is not the case, I am not sure what this means.
2. When the store personnel said they were not pressing charges, is that really true? Do they have the ability to decide on this? Specially since the police were never called? I have a job under a temporary visa and currently applied for a PR. So I am afraid that this will impact this process. Is there anything I can do except to wait? Should I consult a lawyer at this point?
3. When they said that the retail value of the items I shoplifted was $40, I never really complained. However I think the value is much lesser because they could not find the correct tag of the 2 items i took so they used another item to value the cost. However, does the amount matter specially since it is less than $200 anyway?
Your advise is greatly appreciated.
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Re: Caught Shoplifting
I need advice on the following though:
1. They mentioned that their legal/corporate office may contact me for some liability. I assumed that this is to get back the cost incurred in reviewing my case in their store internally. If this is not the case, I am not sure what this means.
This is called Civil Demand its a civil action in which they demand a certain amount of monies for incident
2. When the store personnel said they were not pressing charges, is that really true? Do they have the ability to decide on this? Specially since the police were never called? I have a job under a temporary visa and currently applied for a PR. So I am afraid that this will impact this process. Is there anything I can do except to wait? Should I consult a lawyer at this point? Yes they can choose not to press charges its their option as victim. Far as consulting an Attorney you can but at this point your only worry is Civil Demand
3. When they said that the retail value of the items I shoplifted was $40, I never really complained. However I think the value is much lesser because they could not find the correct tag of the 2 items i took so they used another item to value the cost. However, does the amount matter specially since it is less than $200 anyway?NO especially since no charges were filed. I might add that finding a similar item will work long as price is same. I can add this as well "sale prices" are for paying customers! If you stole your not a paying customer
That should answer your questions
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Re: Caught Shoplifting
Thanks for your response. Another question on the civil demand liability though:
If i do not receive a civil demand letter (for whatever reason), should i make sure that there is really none sent by the merchant? The reason I am asking this is that the license I had was a CA as I did not have a chance to change my license yet to NJ. So it follows that the address there is in CA.
I also provided them with my current address but will be moving out next week to a new apartment. I do not remember my new address so I gave them my current address thinking that I would setup a forwarding service with USPS anyway. However, I did not check if they wrote down the correct address particulars bec thinking back right now, I don't think they asked me to verify the particulars I gave them (i.e instead of Apartment 4M, they could have written 4N or something like that). I know I am sounding paranoid but I am just worried that I won't have any way of knowing if they will send me a demand letter or not or if they will be pressing charges despite saying that they won't. I just don't want to aggravate the situation further and was wondering if there is anything I can do rather that wait for the ax to fall.
Again, thanks.
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Re: Caught Shoplifting
The Civil Demand letter will come but it could be weeks
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Re: Caught Shoplifting
And.....(I promise this is the last question regarding civil demand), if I pay the civil demand, can they still press charges? Is there a time limit on when they can file charges (i.e. 90 days after being caught or something?)..
Thanks again..
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Re: Caught Shoplifting
Yes they can until the SOL runs out. That isnt likely though unless you steal from them again tresspass (if banned) or fail to pay Civil Demand. Ask as many questions as you want its fine
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Re: Caught Shoplifting
Thanks Panther10758. Are you a lawyer? I noticed you are from CA. Should I need a lawyer, is there anyone you can recommend here in NJ?
You mentioned SOL on your response above, what does that mean? Statute of Limitation? If it is, for cases like this, what is the time limit? Are you familiar with NJ SOL for Shoplifting?
Also, with all the information I provided you, like signing waivers etc...were all of those alright?
Thanks again.
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Re: Caught Shoplifting
Unless you are facing criminal charges or wish to fight the Civil Demand I dont think you need an Attorney however many will meet with you for an intial consultation for free. If you like you could take one up on this for more advice.No I do not know any Attorneys in your area sorry