My question involves criminal law for the state of: Pennsylvania
My son was caught - along with two other employees - stealing electronic department items from Target. He was called into the Theft Prevention Department and interviewed by two store managers. My son confessed immediately, named the other employees involved when asked, and explained that he had taken the stuff for personal use as well as for resale on Ebay. They asked for a signed statement along with his Ebay account information. They took at look at his Ebay account to verify that he had sold some items. They asked him to make restitution and then brought in a State Police Officer who took my son by car to the nearby barracks where they read him his Miranda rights and asked him to write a statement explaining again what had taken place. They did not take fingerprints nor did they take any mug shots or go through the usual steps for a standard arrest.
After being interviewed by an officer and signing a statement that he had written, my son was told that he would receive a summons in the mail "in a few days" and that would list the charges and the date for arraignment.
Within 24 hours, my son returned just over $1600 worth of stuff to the store and Target Theft Prevention personnel took position of it (outside the store in a parking lot) and stated that they estimated that he owed another $600.00. They said that he would receive an invoice in the mail "within two weeks" for that amount and it would be like a 'retail account invoice' that he could pay it over several payments if need be. We were willing to write a check in that amount on the sport, but the Manager said that this 'would mess up the books.' My son requested a receipt for the returned items total and a written statement that an additional $600 was due the store. The Theft Prevention manager hand wrote a receipt with the information and both he and my son signed it. We have the original of this receipt.
The Theft Prevention manager stated at that meeting that "Target doesn't press charges in such matters; all they want is their stuff back. What the State Police do is their business." My son was acknowledged in the transaction for 'doing the right thing' by confessing everything and returning the items promptly.
This was back on April 2, and 3rd of this year (2010) and he has not heard anything since. No invoice from the store has arrived and no legal papers from the State Police have been received.
We consulted a criminal defense attorney on April 5th who advised us that there was nothing that could be done even on a consultation level until the charges were received.
Now that three months have passed and we have been expecting either an invoice or a legal document in the mail daily, my question is what is taking so long and why would there be such a delay in the process?
My son did contact the Theft Prevention manager in early May by telephone and he was non-committal about the matter. The lawyer advised us NOT to contact the State Police to inquire what is going on.
My son recognizes that he made an extreme error in judgment, immediately admitted his part in the theft and wants to make full restitution. The Police explained that for a first offense, he would likely be given probation, not jail time, and would have to perform some community service. He is very willing to cooperate in any punitive judgment. The lawyer said it was likely that he would be eligible for the ARD program where his record would be cleared after fulfilling whatever sentence is decided upon.
But with no legal proceedings - no invoice, no charges filed - he is basically stuck in limbo. He doesn't feel he can get another job until this matter is resolved.
We are looking for advice as to how to proceed or should we just sit on our hands and wait?

