Accused of Shoplifting In Another State

Some time ago I took an Ipod out of a store without paying for it. It wasn't in a box, it was on the counter, and I honestly mistook it for my cell phone. As we were the last customers in the store, the manager found our credit card transaction and charged me for the Ipod without my consent, at 11:15 that night. I had forgotten about the Ipod, and when we checked our bank info the next day and saw the charge, I realized what I had done. I immediately returned the item to the store and explained what happened. I did this right when the store opened the next day, and asked for the manager to call me, which he did.

His response was that they had me on 7 different cameras stealing the Ipod, and that he intended to prosecute. I felt awful, and tried to explain what happened, and reminded him that I had returned the item. Only after my wife spoke to him did he relent. His demand is that we pay him $200 in a money order, for his time and trouble in catching me. We had 30 days to do this, and unfortunately we could not make the payment. This all happened while we were on vacation, and we would not have been able to make it home had he not cancelled the charge.

I own up to the fact that what I did was wrong, even though it was accidental. But I do think it's strange that he demanded a money order of nearly the entire cost of the Ipod, and as far as I know he has not contacted the police in the town where this happened. Also, since this is not a civil demand, is it extortion? I intend to call him tomorrow, as he has contacted us saying he intends to prosecute, but if he doesn't give me more time or change his mind, can I be arrested in a state 1000 miles away? Also, will this charge be on my record even though it occured in a totally different state?

I don't know a lot about criminal law, and I have a completely clean record. I returned the item as soon as I realized what happened, and I will never go back in there ever again. What can I do? What can he do? Thanks.

At this point, what actual evidence does he have that you stole? His video shows you picking up an iPod, but he charged it to your credit card. You returned the item, he issued a charge-back. Even without the distances, given the storekeeper's actions, absent some further confirmation that you admit to taking the item without paying for it this seems like it would be a difficult case for to prosecute.

It is possible for him to go to the police and try to get charges authorized. If that happens, a prosecutor will review the case and determine if you should be charged. If the prosecutor decides to authorize charges, a warrant would be issued. For charges like this, it is almost unheard of for an interstate warrant to be issued, although there can be other consequences (particularly relating to government benefits) for having an unresolved arrest warrant in another state.

The only real proof he has is what he says he has on video, and that I admit to accidentally removing the property from the store. I won't deny that I did that. I just don't know if he has a case here, especially since he charged me for the Ipod, and then refunded the money. That to me sounds like I bought it. I am pretty sure that I could bring credit card fraud charges if he really wanted to be a butthead about it.

Because I know nothing about this, could they send someone after me? I live across the country. And as far as warrants go, do I get one just because he is filing charges, or would the DA have to decided the case is good enough to go to court? Thanks.

As previously stated,

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Quoting aaron

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It is possible for him to go to the police and try to get charges authorized. If that happens, a prosecutor will review the case and determine if you should be charged. If the prosecutor decides to authorize charges, a warrant would be issued. For charges like this, it is almost unheard of for an interstate warrant to be issued, although there can be other consequences (particularly relating to government benefits) for having an unresolved arrest warrant in another state.

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Ok, sorry, I see that you already answered my questions. Now, what about the $200 he wants? I never signed any papers, I was never detained, and all of this discussion regarding the situation took place over the phone. Can he legally ask me for this money? Or does he have to file charges and issue a civil demand letter? He wants me to send a money order, I assume to him directly. I want this situation done away with, but I don't want to get taken for a ride either. It seems to me that he committed credit card fraud, then tried to extort me by threatening charges if I didn't send him the money, and he also threatened to send the videotape to my place of work and to my neighbors, which seems like slander to me.

I am really confused by all this. What should I do? SHould I wait it out and see if he presses charges? Or should I cave in and send him this $200, and hope the situation dies there? Thanks so much for your help.

If you fail to pay Civil Demand they can go to court and get a judgement against you. Once that happens they can triple charge and seek court costs as well as be awarded wage garnishments liens etc.

South Dakota's civil demand laws provide:

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Quoting South Dakota Codified Laws

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Sec. 22-30A-19.1. - Liability of shoplifter to owner or seller - Penalty.

Any adult, or any emancipated minor as defined in § 25-5-24, or any parent or guardian of any unemancipated minor, who takes possession of any goods, wares, or merchandise displayed or offered for sale by a store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting the goods to the person's own use without having paid the purchase price, is liable to the owner or seller for the retail value of the merchandise, regardless of whether or not the merchandise has been recovered in undamaged condition by the owner or seller. In addition, the owner or seller is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars, whichever is greater.

Sec. 22-30A-19.3. - Demand for payment by victim of retail theft.

Any owner or seller of merchandise who is the victim of retail theft pursuant to § 22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to § 22-30A-19.1. Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued. The demand for payment shall be mailed by certified mail to the person from whom payment is demanded or served personally on the person from whom payment is demanded. Personal service shall be accomplished in the same manner as the service of a summons.

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OK, I see what you're saying. However, I have not been sent a civil demand letter. Does it have to be official, or can the manager just ask me for money with no legally binding documentation? All we've received so far is one phone call threatening legal action if we don't send him $200. I really do want to fix this, but I'm afraid that without proper legal documentation (ie, the civil demand form) then he could turn around and file charges anyway, and just pocket this cash.

Paying Civil Demand does not mean charges are not filed. As stated they are unrelated. However the state allows retailer to take this action and if you fail to pay you can be taken to court for much more. Its legal pay the money.

Thanks for all your help, folks. I just spoke to the manager, and he was actually very understanding of my concerns. I don't think charges will be filed, and he wants the money order made directly to Radio Shack. I just want this behind me, and I will be much more conscious of what goes into my pockets from now on, intentional or not.

When you pay get something in writing saying you have satisfied your Civil Demand requirement for the incident on (insert date and store). Or at least write that on Money Order