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  1. #1
    Join Date
    Jan 2013
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    4

    Default Caught Shoplifting With a Prior Record

    My question involves criminal law for the state of: va
    I was caught shoplifting 11years ago at age 19 for a pair of pants and a shirt at a local clothing store. I went to court and everything was dropped.(My parents hired a lawyer) Two days ago I was caught on camera stealing merchandise from a local store ( around $7 worth) The police came to my home today acting like it was no big deal and to just go talk to the manager because she did not want to prosecute. When I went to speak to her she told me if I admitted to it she would not prosecute. I of course denied everything out of nervousness and embarrassment and she told me she was going to go ahead with taking me to court. (This was not at ALL how the officers relayed the message to me so I was shocked when she mentioned prosecution) she wouldn't tell me what I stole or show the video...but I decided to call her back 30 minutes later and see how this could be resolved out of court. I'm terrified if I go back to court they will bring up my past appearance and slam me. She said if I come back in a few days and admit and bring back or write a list of things I took she would not prosecute. So I have decided to bite the bullet and take her the list of two things I took and beg for mercy and try to salvage what dignity I have left and not have my reputation tarnished forever being that I own a business in the same small town. (She also said she has been watching me for a week or two on camera and the other things I "took" would be forgotten. I honestly cant think of another thing I took EVER from there other than opening a box to take coupons to use for other things. She also said she caught me.doing that. Please give me some advice on what to do and if what I will be possibly doing tomorrow (because I'm afraid if I wait I will chicken out and then court is inevitable) is the best idea. I also have not admitted anything to my husband about the situation so I have no one to talk to for advice. *also...they waited two days to come and accuse me and said the reason they didn't stop me Tuesday was because my son was with me. The cops reaction was also fishy because they acted like it was no huge deal and she wasn't going to do anything about it. I complied with what they asked me to do. Will there be a record if the cops coming to my home to talk to me? I'm just so embarrassed and confused. The manager also mentioned a restitution if I admitted guilt and the things I have taken. I just don't see why she would wait days before calling the cops and if she was so sure I had shoplifted why didn't she run out of the store after me??? I have just never heard of this happening.
    *one more thing...not sure if it really matters but the store I lifted from 11 years ago banned me from the store for 20 years. I have absolutely in no way violated that nor have I been in any other trouble since other than a traffic violation or two.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    First off, it is not up to the victim to decide whether to prosecute once the police are involved. It is the commonwealth that is harmed by your misbehavior. You should not talk to anyone, not the police, not the store, not the commonwealth's attorney, without a lawyer.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    A couple of things...

    First, the police and the victim can lie to you. I know it doesn't seem very nice, but most retailers don't believe they have a responsibility to be nice to the people that steal from them.

    Second, you DIDN'T do what the police said. The police told you that if you went back to the store and admitted what you did that the store would stop there. Instead, you went back to the store and denied everything. How much time do you think the store has to play with you while you twist on the horns of your decision? The store manager was hoping to get this over with and you are playing games.

    Third, you seem to think that this is the most important thing the police and store management are going to do today. That a $7 theft has a team of police officers strategizing on how to make you sweat. In reality, you are such a small thing that you come last on their to do list.

    If you go to the store with a written confession, one of two things will happen. You will be arrested or you won't. In either case, you will definitely be presented with a civil demand worth several hundred dollars. This is your civil penalty for stealing and is not a criminal charge. The civil demand is in addition to any criminal fines and/or penalties you may incur.

    Oh, and it is pretty obvious that you steal often. You don't say you DIDN'T steal other stuff, you just say you don't remember. This tells me that you are stealing often - so often you don't even remember where you steal.

  4. #4
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    Thanks for the responses. I know what ive done is terrible and feel sick about it. My question now is...will they be able to bring up (if its taken to court) my prior appearance from 11 years ago if I wasn't charged? And I'm nit sure if anything criminal will be brought about because the officers said she wouldn't prosecute...and when I spoke with her she told me she would do a restitution at the store to pay back. Does this sound like I may not have to go to court?

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

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    You will likely be going to court.

    Hire a Criminal Defense Attorney. You can expect court costs and fines. Along with legal fees. You can also expect a letter from the store or the stores lawyers asking for a Civil Demand which is separate from the criminal case.

    See those signs in Walmart that shoplifting can cost you thousands of dollars....it really can.

  6. #6
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    Even if she has offered to not prosecute when I go tomorrow to admit what ive done? I agreed to come speak to her tomorrow morning.That's what she told me two days ago. I'm just confused from the things ive been told by the store manager and the officers.

    - - - Updated - - -

    And will the police likely charge me or take me to court if they said "The LP said she wouldn't prosecute if you just go talk to her. I watched the video and didn't pay attention to what you took...I'm not accusing you or saying you did it but I would just go settle things with her. Ive never heard her say she wouldn't prosecute if you just go talk to her" Words straight from the Seargents mouth.

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    She may or may not prosecute.

  8. #8
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    She decided ultimately not to. I owned up face to face with her and she wrote a paper stating what I had admitted to taking, how much i would pay in restitution ($20)I signed it. Done. She was super cool about it and I'm forever grateful. No cop involvement other than the no trespassing notice that I will receive this week. I couldn't get any luckier. Lesson learned. NEVER EVER AGAIN! Thanks for all of the advice to everyone.

  9. #9
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Caught Shoplifting 11 Years Ago and Again Two Days Ago

    You got very lucky.

    Next time you think of shoplifting, remember the worry you just dealt with. And remember it can cost you thousands of dollars, and make job hunting difficult.

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