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  1. #1
    Join Date
    May 2014
    Posts
    3

    Default Violating a Trespass Ban After Shoplifting

    My question involves criminal law for the state of: California

    I am an adult with no criminal record or prior incidents. I shoplifted $150.00 from Macy's. No police were called, but all my info & a pic was taken. I paid a fine of $425.00, & signed some papers, including a no trespassing paper that bans me from all Macy's for 3 years. While visiting another state 2 weeks ago, I stupidly went into a Macy's 3 months after the trespassing ban & more stupidly bought something with my Macy's Credit Card. Over the next week, went into that Macy's & another one nearby & bought & returned more things 3 times. I DID NOT SHOPLIFT ANYTHING- nor will I ever again.
    My questions: Was my Credit Card linked to my offense, & by using it in the store, did it set off their alert system about my entering the premises & violating the ban? Will they definitely come after me? How long before they do? Will police come to my house & arrest me? Jail time? Take all my clothes & possessions? Should I hire an attorney now?
    I feel total regret, & am terrified. I will NEVER enter another Macy's till my 3 years are up....& then some.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: I Violated Macy's 3 Year No Trespassing Ban 3 Months After Being Caught Shoplifti

    I think you should relax a little here. Having used your Macy's CC for legitimate purchases and that account was not flagged you are OK.

  3. #3
    Join Date
    May 2014
    Posts
    3

    Default Re: I Violated Macy's 3 Year No Trespassing Ban 3 Months After Being Caught Shoplifti

    Thank you, but how do I know that my account was not flagged? Would I have been arrested on the spot? From all I've heard, just setting foot on any Macy's premises for ANY reason is violating the trespassing ban, & makes me liable for arrest & charged with the original theft & intent to burglarize. I also understand they can charge me any time within one year of the trespass. That is why I am a nervous wreck.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Violated Macy's 3 Year No Trespassing Ban 3 Months After Being Caught Shoplifti

    We have no way of knowing if your account was flagged or not. They do not have to arrest you on the spot. You're just going to have to stay nervous since our crystal ball is currently out of commission. Next time, shop at a store that hasn't banned you.

  5. #5
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Violating a Trespass Ban After Shoplifting

    "No police were called, but all my info & a pic was taken. I paid a fine of $425.00, & signed some papers, including a no trespassing paper that bans me from all Macy's for 3 years."


    If no police were involved, who assessed the fine? And under what authority?

    If Macy's personnel told you to pay them $425 in order to avoid prosecution, Macy's personnel may have committed extortion.

  6. #6
    Join Date
    May 2014
    Posts
    3

    Default Re: Violating a Trespass Ban After Shoplifting

    Actually, it was Macy's LP (Loss Prevention) who did that. From what I understand, it is legal. I did not pay "them" but paid to Macy's through Paypal. It was the discretion of LP not to call the police & give me a 2nd chance. Maybe because I completely cooperated, put up no resistance, & had a completely clean record. I am so grateful they did. I only hope I did not blow that 2nd chance.

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Violating a Trespass Ban After Shoplifting

    Quote Quoting Tech42
    View Post
    If no police were involved, who assessed the fine? And under what authority?
    It's called civil demand. Not exactly a new concept. Although they shouldn't really be calling it a fine per se, but that could just be OP's wording.

    Quote Quoting Tech42
    View Post
    If Macy's personnel told you to pay them $425 in order to avoid prosecution, Macy's personnel may have committed extortion.
    Where do you see anything even remotely close to that in OP's posts?

  8. #8
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Violating a Trespass Ban After Shoplifting

    "Where do you see anything even remotely close to that [extortion] in OP's posts?"

    The OP seemed to be relieved that he could pay the $425 fine and avoid prosecution. I don't have to be a genius to connect the dots here.

    And why make a "civil demand" for an amount that is MUCH more than the amount that was stolen? And the stolen amount was not even successfully stolen. The store recovered everything and did not lose anything.

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Violating a Trespass Ban After Shoplifting

    And why make a "civil demand" for an amount that is MUCH more than the amount that was stolen?
    Because the law allows for it. It helps stores defray the cost of having to employ LP departments, for one thing, and it often convinces thieves that their shenanigans are just not worth it.

    And the stolen amount was not even successfully stolen. The store recovered everything and did not lose anything.
    Irrelevant. Once you conceal the merchandise with an intent to steal it, you've committed a crime, even if you don't succeed.

    I would suggest you be quiet on topics you know nothing about.

  10. #10
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Violating a Trespass Ban After Shoplifting

    "Because the law allows for it. It helps stores defray the cost of having to employ LP departments, for one thing, and it often convinces thieves that their shenanigans are just not worth it."

    The LP employees are being paid the same wage or salary, whether these employees stop a shoplifter or not. There is no extra cost to successfully stopping a shoplifter. The LP employees that stopped the OP would have been paid the same even if the OP had never come into that store.


    "Irrelevant. Once you conceal the merchandise with an intent to steal it, you've committed a crime, even if you don't succeed."

    Concealing the merchandise may satisfy the elements of "criminal" law, but, if the store stops the shoplifting and doesn't lose anything, why does the store have to be compensated with a "civil demand"?

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