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  1. #11
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Cool It all depends.......

    Some retailers practice "discretionary prosecution". And some, like mine, do not. $2, $20, $200, $2000 --- does not matter to me.....I'll see ya in court.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How do you know if you will be prosecuted

    Quote Quoting dancer34
    I just don't understand why they aren't... Isn't it like mandatory to prosecute all offenders....?
    Different stores and different cities have different policies.

    In some cities there just aren't enough cops to call for every detained shoplifter, so they don't go for prosecution on most of them. In some places - like mine - the merchants tend to prosecute almost everyone.

    In my state it is highly unlikely that you will see loss prevention put together a case and submit it to the DA without having called the cops initially. In fact, in all my 15 years I have NEVER known that to happen. Maybe it does happen someweher, but I have never heard of it. Additionally, most agencies will want to talk to you before they file the report with the DA.

    The bottom line is that if the police have not tried to get a hold of you, then you should be in the clear. Keep in mind that should you not pay the civil demand notice that you will almost certainly receive from the merchant, then ANYTHING could happen.

    - Carl

  3. #13
    panther10758 Guest

    Default Re: How do you know if you will be prosecuted

    Not paying the Civil Demand could result in poor credit rating and/or legal actions that will cost even more. If you are fighting charge then I suggest you request a hearing or whatever measure is required to fight a Civil Demand. We have gone over several times on if you will be charged and ther eis no REAL answer. If LP has your information and all evidence required then yes they can prosecute and may have! It could take months before you are summoned!

  4. #14
    Join Date
    Oct 2006
    Posts
    7

    Default Re: How do you know if you will be prosecuted

    well - all they have is my name and address (no ss#) and told me they are just putting it in their internal store database. like i said - they told me they aren't involving the police. does "not involving the police" mean no criminal record? All i am worried about is a criminal record. maybe if i receive a civil demand that will give me some indication of what they decided to do. if i don't receive a civil demand in the next couple weeks (which they said i would not) - then they probably decide not to prosecute either, right? Cause as I understand it and from reading posts, civil demands come first, then the summons (which could be months later). So if I don't recieve the civil demand in the next couple weeks, is it safe to assume probably no criminal action either? I realize stuff differs from state to state and store to store, but it's probably generally clear across the board.

    To anyone considering shoplifting - DO NOT. it is stupid and you could face a life time of consequense, worry, regret, etc. Not only that, but it costs the average consumer A LOT of money each year.

  5. #15
    panther10758 Guest

    Default Re: How do you know if you will be prosecuted

    Civil Deamnd and prosecution have NOTHING to do with each other. Depending on how things get processed it could be several weeks or mnths before you get Civil Demand notice. Do not confuse them with each other they are separate!

  6. #16
    Join Date
    Oct 2006
    Posts
    7

    Default Re: How do you know if you will be prosecuted

    what i'm asking is if it's common for a store to prosecute with no civil demand?

  7. #17
    panther10758 Guest

    Default Re: How do you know if you will be prosecuted

    Civil Demand is almost a gurantee! Doesnt matter if they prosecute as I said they are separate!

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