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  1. #1
    Join Date
    Nov 2014
    Posts
    1

    Default Employee Theft of Merchandise

    My question involves criminal law for the state of: California

    A friend of mine was caught shoplifting at his job. When they confronted him about it they asked him to return the items he had stolen and that, that would be it. Over the corse of I believe 3 months he had stolen $800 dollars worth of items. He returned $300 dollars and they told him that they owe them $500. He was not arrested by the cops but rather a citizen's arrest. He has a court date set in february. He knows what he did was wrong and very stupid but my question is, what can he do now? Is he still going to be able to find another job? Will this end up on his record? What can he do about the court hearing? Is there anything he can do? Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Employee Theft

    Quote Quoting tide
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    Is he still going to be able to find another job?
    Sure. Anywhere an employer is willing to hire a thief.

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    Will this end up on his record?
    Yes.

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    What can he do about the court hearing?
    Hire a lawyer.

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    Is there anything he can do?
    Hire a lawyer.

  3. #3

    Default Re: Employee Theft

    There is no such thing as "shoplifting" in California. It's theft.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Employee Theft

    It's also unlikely it was a "citizen's arrest" either. He wasn't "arrested" by the store. They just filed a complaint with the state.

  5. #5
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Employee Theft

    In some places, retail loss prevention has arrangements and agreements with the local prosecutor in which they can simply present the facts of a case with a report to the prosecutor, and charges are filed, thus eliminating the police from the equation. This is especially true in areas where the police are very busy. In those instances, loss prevention essentially does what the police do, eliminating the middle man. You then get a notice in the mail (or some other way) with your court date. It is possible to be charged without ever being physically arrested, but that's really a moot point. It sounds like you're being charged. Oops, I mean your friend is.

    Anyway, your "friend" is going to get convicted of theft, it sounds like - the "friend" can always ask at court about programs for deferred sentencing, diversion, etc. and if the court has those programs they might steer him/her towards them. I wouldn't count on it for this amount of theft.

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