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  1. #1
    Join Date
    Aug 2013
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    6

    Default Court Summons Sent Even Though the Police Weren't Called to the Store

    My question involves criminal law for the state of: Washington.

    It has recently come to my attention that my daughter (age 18, now and at the time of the offense) was caught shoplifting makeup (~$20 value) in a WalMart in January 2013. The loss prevention officers questioned her, and then let her go without calling the police. They told her that she would receive a letter (civil demand) from WalMart legal, and if she paid the "fine", that would be the end of it.

    The letter arrived several weeks later, but was misplaced in a stack of mail. A second letter arrived several weeks after that, demanding $300. My daughter paid, and assumed that would be the end of it. (She then discarded the letters).

    A few days ago, a court summons arrived at our home. Mom opened it, and that's when all of this came to our (the parents) attention.

    I have three primary questions:

    1. Although I am aware that the payment of a "civil demand" does not in any way guarantee that criminal charges won't be filed, that does seem to be WalMart's normal pattern, based on my internet searches. Why would this incident differ from that pattern? Is it because payment was not made promptly when the first letter arrived?

    2. Since the police were not involved when the incident occurred, it's unclear to me what the criminal charges (summons) are based upon. Do the courts pursue charges based on private party statements (WalMart), without corroborating evidence from law enforcement?

    3. At this point, it seems that our best course of action is to hire an attorney. The obvious downside is cost. We (parents) have some money, but daughter (18 yo) does not. What approach should we pursue?

    Thanks,

    Rusty

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    1. No - they still reserve the right to press charges

    2. Yes - they have an admission. That's all that's needed.

    3. Get your daughter an attorney

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    1. Depending on state, they had 1-2 years to file Criminal Charges. Since they let her off easy and she did not pay the fine when the first letter arrived....they likely decided not to go so lenient. Or the Prosecutor was so busy that their office just got around to it.

    2. In the LP backroom, she likely:
    - wrote and signed a confession. In her own words. "I stole X items. Signed, (her name).". Along with photos of the items she stole. Her ID was likely photographed, along with a photo of her in the LP office. And they probably saved the security footage of her theft and apprehension.

    3. She will want an attorney. A Criminal Charge can and will affect her job (and career) options for many years. Ask for a First Time Offenders program.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    Quote Quoting Rusty123
    View Post
    My question involves criminal law for the state of: Washington.

    It has recently come to my attention that my daughter (age 18, now and at the time of the offense) was caught shoplifting makeup (~$20 value) in a WalMart in January 2013. The loss prevention officers questioned her, and then let her go without calling the police. They told her that she would receive a letter (civil demand) from WalMart legal, and if she paid the "fine", that would be the end of it.

    The letter arrived several weeks later, but was misplaced in a stack of mail. A second letter arrived several weeks after that, demanding $300. My daughter paid, and assumed that would be the end of it. (She then discarded the letters).

    A few days ago, a court summons arrived at our home. Mom opened it, and that's when all of this came to our (the parents) attention.

    I have three primary questions:

    1. Although I am aware that the payment of a "civil demand" does not in any way guarantee that criminal charges won't be filed, that does seem to be WalMart's normal pattern, based on my internet searches. Why would this incident differ from that pattern? Is it because payment was not made promptly when the first letter arrived?

    2. Since the police were not involved when the incident occurred, it's unclear to me what the criminal charges (summons) are based upon. Do the courts pursue charges based on private party statements (WalMart), without corroborating evidence from law enforcement?

    3. At this point, it seems that our best course of action is to hire an attorney. The obvious downside is cost. We (parents) have some money, but daughter (18 yo) does not. What approach should we pursue?

    Thanks,

    Rusty
    Are you sure that the summons is for a criminal case? Are you sure that its not for a civil case?

  5. #5
    Join Date
    Aug 2013
    Posts
    6

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    Quote Quoting llworking
    View Post
    Are you sure that the summons is for a criminal case? Are you sure that its not for a civil case?
    Summons states "theft 3", which I assume is criminal.

  6. #6
    Join Date
    Mar 2009
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    Michigan
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    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    And it is really not unusual for both a Criminal Complaint and a Civil Demand to be filed.

    The Civil covers this - the cost of employees of surveillance on a thief, detain, file paperwork....cost for store manager to spend time witnessing/signing off....send to lawyer, police, etc.

    Sorry...there are signs in WalMart....especially in bathrooms, fitting rooms...that shoplifting is a crime and can cost $2000+. And yes, that $20 really can add up to $2000+ with attorney fees, court costs and fines, Civil Demand, and possible Community Service, Probation, Anti-Theft class......

  7. #7
    Join Date
    May 2013
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    O-H-I-O
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    10

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    Quote Quoting Rusty123
    View Post
    My question involves criminal law for the state of: Washington.

    It has recently come to my attention that my daughter (age 18, now and at the time of the offense) was caught shoplifting makeup (~$20 value) in a WalMart in January 2013. The loss prevention officers questioned her, and then let her go without calling the police. They told her that she would receive a letter (civil demand) from WalMart legal, and if she paid the "fine", that would be the end of it.

    The letter arrived several weeks later, but was misplaced in a stack of mail. A second letter arrived several weeks after that, demanding $300. My daughter paid, and assumed that would be the end of it. (She then discarded the letters).
    First of all, I don't see how this is unusual or a twist of any sort. They probably were too busy to call the police on some teen stealing make-up which is quite a silly thing to steal regardless of price.

    Quote Quoting Rusty123
    View Post
    1. Although I am aware that the payment of a "civil demand" does not in any way guarantee that criminal charges won't be filed, that does seem to be WalMart's normal pattern, based on my internet searches. Why would this incident differ from that pattern? Is it because payment was not made promptly when the first letter arrived?
    WalMart is a massive company that has lawyers on retainer and will not hesitate to make an example as much as possible out of the people who steal from them. They barely give their employees enough money to survive without two jobs, and they sure as hell aren't passing up an opportunity to make several thousand percent profit off of your irresponsible daughter.

    Quote Quoting Rusty123
    View Post
    2. Since the police were not involved when the incident occurred, it's unclear to me what the criminal charges (summons) are based upon. Do the courts pursue charges based on private party statements (WalMart), without corroborating evidence from law enforcement?
    Yup, it's called a police report. WalMart has a security/managers room with plenty of security footage being stored 24/7 and kept for months or longer for no reason other than to submit to the police as evidence. Your daughter just didn't get initially arrested/processed, but will be soon. She is 18 which just so happens, she is legally able to go to big girl jail and face big girl charges.

    Quote Quoting Rusty123
    View Post
    3. At this point, it seems that our best course of action is to hire an attorney. The obvious downside is cost. We (parents) have some money, but daughter (18 yo) does not. What approach should we pursue?
    Unless you want your daughter going to jail for 10-30 days most likely for stealing <$20 worth of make up, I suggest you hire a criminal attorney to work the system and try to get the charges reduced and/or expunged. No lawyer = prepare to get the book thrown at your daughter: jail time/fines/community services/anti theft classes.




    Aside from that, your daughter should put off any plans for at least a few months, get a full-time job and consider preparing herself for possibly spending some time in jail or doing a lot of volunteer work. Hopefully next time she wants to look pretty for the boys, she will pay for it like normal people.

    Source: Was in court listening to two girls who stole several dollars worth of make up from CVS together, got 30 days jaill time and $500 fines. They were both around 18.

  8. #8

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    Depending where you live in Washington, in certain areas the LP are especially trained by the police to fill out the paperwork and submit it directly without an officer being called to the store. The police then confer with the prosecutor and then a summons is mailed. This very well may have happened in this case.

  9. #9
    Join Date
    Aug 2013
    Posts
    6

    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    We made an appoint with a lawyer for an initial consult. The paralegal said that given her record, a "Compromise of Misdemeanor" or "Pre-Trial Diversion Agreement" might be possible. We're also planning to call the law firm that sent the Civil Demand letter, in the off chance that the criminal charges were an error. Thanks for the (legal) advice -- snotty moral judgement, not so much.

  10. #10
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: An Unusual Twist on a Walmart Shoplifting Incident

    Moral judgment? You mean the type your daughter doesn't have?

    Good girl you raised there, pal.

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