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  1. #1
    Join Date
    Feb 2011
    Posts
    6

    Default Arrested for Shoplifting but Not Yet Charged

    My question involves criminal law for the state of: Washington

    I was arrested at a Macy's 2 months ago. Was not given any paperwork or told what to expect. I have paid the Civil Demand amount. Since then I have not received any thing from the court in the mail.

    My questions are:

    1. Will this arrest show up in a Criminal background check? What will the disposition be?
    2. I am traveling out of the country next month and back, should I have any documentation with me regarding this arrest? If so, how do I get it when I have not been charged/contacted by the court yet?
    3. I talked to a Criminal defense lawyer and she mentioned I might get a 'pre filing' diversion offer in the mail and it could take up to 2 years. Is this common in WA state for the courts to take this long?

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrested for Shoplifting but Not Yet Charged

    If you have been charged with a crime, you can anticipate that the charge will show up in a criminal background check. If not, then not.

    We don't know the facts of your case. If your lawyer believes that, based upon the facts of your crime, a court would impose a two year diversion period, then that's probably the best estimate you're going to get.

  3. #3
    Join Date
    Apr 2011
    Posts
    15

    Default Re: Arrested for Shoplifting but Not Yet Charged

    What exactly do you mean by arrested? were the police called?

  4. #4
    Join Date
    Feb 2011
    Posts
    6

    Default Re: Arrested for Shoplifting but Not Yet Charged

    Yes, the police were called and I was arrested. I called the Courts and they have no records yet. They asked me to check with the Prosecutors office and they too do not have a report filed by the arresting officer either. Neither does the PD's document division.

    • Should I call the PD and request to speak with the Officer directly?
    • Is is normal practice for the arresting officer to take this long to file a report?
    • Can an officer decide not to file a report and if not, will there be a 'record' of my arrest with the FBI? (I ask this as I'm travelling out of the country next month)


    Thanks for all your help.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Arrested for Shoplifting but Not Yet Charged

    (1) No.
    (2) It can be days, weeks or months to get the court date - a big factor is how busy the court is. The police officer usually turns in a report immediately, then it goes to the prosecutor.
    (3) As you have been arrested, I am pretty sure that the arrest itself would show up on a background check.
    (4) You should consult with the same lawyer before leaving the country.

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