Shoplifting in Small Amounts

[helpplsbd9]

My question involves criminal law for the state of: Illinois

So my friend and I were at a Kohl's and she was pulled aside by LP for trying to steal a set of earrings (in price no more than $18) they took her ID and banned her from all Kohl's for 6 months until it's cleared and if there's more to her theft, we might get a letter in the mail from Kohl's (demanding a repay of the items I assume?) This was earlier tonight and she's freaking out, she claims this is the first time in awhile she's stolen anything from there but didn't tell them that. The LP at Kohl's said they were going to run a Face Recognition program to determine if she's stolen anything else. She said in the past she's only stolen small items, in total for the past 2 hitting under $150 all together. She said she's never been stopped nor has she left any tags of the items in a changing room or hidden. Only 2 sensors for pants she cut off, cleaned from fabric and hid randomly in changing room. Wedged in hard to reach and see places in the changing room over 8 months ago. When they do face recognition would they even know about these possibly being her or is there no direct way to tie it to her..? Should we be expecting the worse?

[Mr. Knowitall]

She will have to wait and see if they identify any other occasions when she stole.

[harrylime]

Let her freak out. It will be good for her.

[flyingron]

She can count on the letter from Kohl's "lawyers" demanding the civil restitution. They're pretty aggressive on this. I'm not sure that they actually have a face recognition program, but anything is possible these days. LP is big business. If they do find her having stolen before, she's got bigger issues than the civil demand letter. They may go ahead and decide it is worth filing a criminal complaint against her.

If she gets any further communication from either Kohl's (other than the civil demand) or from the police or the prosecutor's office, she should not talk to them until she has consulted an attorney.

[helpplsbd9]

How long do you think that would take?

- - - Updated - - -

For the quote on time for the letter to come in? there were no police involved and she hasn't stolen anything from there in a while so if they're checking footage how far back do they really check if they didn't find her to be much of anything, they let her off "light" they told her

[flyingron]

They have as long as three years to instigate criminal charges and two years to go to court to enforce the civil demand.

If they don't file criminal charges she'd dodged an enormous bullet. If they for some reason don't send a civil demand it would be almost miraculous.

[helpplsbd9]

They claimed she might not get anything in mail, from what she said they were nice but I know for her sake that doesn't mean all too much. They said if anything will from them, it come in the mail in 2 weeks time but there might never be a letter (maybe bc the value of the item? And compliance? ) and if they find more things there could the police needed to get involved in a charge but for the meantime just stay out of stores for 6 months and if anything she'll get a letter of civil demand from Kohl's with no charges.

[harrylime]

Let her sweat. It's not going to do any good or change what may or may not happen. But maybe, if she stays scared, she'll give up the criminal life.

[DeputyDog]

Kohl's store level loss prevention people not only are not involved in civil demand issues, they are not educated on them nor kept apprised of them other than being told to issue every shoplifter a copy of the civil demand notice. Other people then look at each case and determine whether it meets the company's own criteria for pursuing civil demand. When I worked for them, I had a slight idea of what the criteria was, but again, we weren't actually educated or told about it, we simply gleaned it from conversations with higher-ups (or asked them about it).

The reason they told her they might not do it is because, I believe, at least at one point in time, Kohl's might not have done civil demand under a certain dollar amount. At $18, she MIGHT be beneath their own internal dollar threshold for pursuing it. Who knows what the current policies are.

She will simply have to wait and see.