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  1. #1
    Join Date
    Jan 2017
    Posts
    3

    Default Will Criminal Charges Be Pursued if the Police Are Not Called

    My question involves criminal law for the state of: NJ
    Stopped by Costco LP. They made me sign a release against them, an agreement not to return to Costco properties, and a statement why I did what I did. Given the threat of arrest if I didn't cooperate, I did so under duress (ie, I signed the documents that they wanted). Punishment was immediate cancellation of my membership and a ban from entering Costco properties (I can request to be re-considered as a member in the future). Neither the LP nor the manager said anything about further criminal charges or civil demand. As I was leaving, I asked about the need for an attorney for criminal prosecution, but they said they would have called the police initially if they intended to file charges. At this point, I am wondering about the likelihood of possible criminal charges and/or a civil demand letter. Do I try to obtain membership in 2-3 yrs (I learned my lesson and won't do this again)?
    Any thoughts or suggestions?
    Thanks for your help.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    If they didn't call them at the time and told you they would have called them if they wanted to press charges, odds are you got lucky. A civil demand is still a possibility though.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    Why you would think you should ask for legal advice from people you just stole from? They can file a complaint with the police at a later date, but as free9 says, its unlikely.
    It's not "duress" in the contractual sense to threaten to call the cops. Nor does your statement that you did it "under duress" mean squat.

    I don't know if Costco is big on sending out civil demands, but it is possible. You were lucky it wasn't Walmart or Kohl's which have a bigger track record of always coercing civil demands out of people. The other thing that may happen is your name may be submitted to the National Retail Theft Database which might make it difficult for you to get a job at another retailer who subscribes to that database (thieves make lousy retail employees).

    1. Stay out of Costco.
    2. Stop Stealing.
    3. If approached by the police or district attorney over the matter, decline to speak to them without a lawyer.

  4. #4
    Join Date
    Jan 2017
    Posts
    3

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    What are your thoughts on paying the civil demand?
    Some have suggested that paying the civil demand will make criminal prosecution less likely.

    In asking management, it wasn't so much a request for legal advice as a general question about what they planned to do. In time, I obviously will know.
    They were very focused on me "cooperating" with them. In a sense, their goal was to keep me out of their stores (I have no intention of going in any of them).
    With inner reflection over the past few days, I want to be a better person (hopefully, the courts will give me this option if it comes to that).

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    I am not a fan of paying the civil demand, but others here will disagree.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    Quote Quoting sammie001
    View Post
    I want to be a better person (hopefully, the courts will give me this option if it comes to that).
    If it were to come to court, you can try to be a better person after you pay your fine, finish your probation and suffer the consequences of a criminal record.

    If you think a court will offer you a chance to be a better person over a fine and probation, you should think again.

  7. #7
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    Quote Quoting sammie001
    View Post
    With inner reflection over the past few days, I want to be a better person (hopefully, the courts will give me this option if it comes to that).
    Funny that everyone always wants to be a better person after the get caught.

  8. #8
    Join Date
    Jan 2017
    Posts
    3

    Default Re: Will Criminal Charges Be Pursued if Police Are Not Called

    Experience (especially an unpleasant experience) changes one's perspective.
    I think you see things differently, especially the consequences (they're no longer abstract).

    Why can't someone change?
    Isn't that the role of the judicial system (to correct wrongs and make a better society)?

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