What to Do if You're Called by the Police After Shoplifting

[LilGodSpeed]

My question involves criminal law for the state of: Virginia

Start off by saying I am 20 y.o.

So I went into a WalMart and decided to shoplift an item worth approximately $80. Please don't comment if you're just going to chastise me, I know what I did was wrong and I wish I could go back and not do it.

In the store, I grabbed the item, found a nice secluded corner and stuffed it in a bag, then left the store. Nobody followed me, nothing suspicious happened while I was there, and I drove off.

Later in the evening I received a voicemail from the police department describing the car I was in (not my car, my family's) as being used in a larceny. They gave the year and model, got the color wrong, and provided no license plate #s, although I assume they have everything they need on that car if they called my house. They described the "perp" simply by gender, but I assume WalMart has some kind of video evidence (unless they could tell something was stolen just by a quick inventory check?). In the call, the officer made no requests for anyone to show up at the station, and they did not insinuate that the PD knows the person who committed the crime lives at my residence. Is it more than likely that they will show up at my house with a search warrant?

I decided to remain silent and not call the police back to confess, because I'm not sure how much they truly have to work with in that respect. I will contact a lawyer soon. If I decide to remain silent and I don't hear back from the police, is it safe to assume that this was swept under the rug/forgotten by the department? If they do come to my house with a search warrant, and they find nothing and I am not present, will that end things? Should I just return to the store, give the item back, pay for it, and beg for forgiveness from their LP, or is it too late for that since they've already contacted the authorities?

[Jim Kozlovich]

Whether you are prosecuted or not, the moral thing to do would be to return the stolen item.

First, they won't show up at your house with a search warrant, if they do show up it will be to arrest you. Generally though, law enforcement officials in a non-emergency situation must have a proper warrant to effectively arrest a person in their home. However, arrests that occur in public locations do not require a warrant. If they have probable cause they will more than likely arrest you somewhere in public...your job, school, grocery store...and you won't know when. I wouldn't suggest that you just ignore this. My suggestion would be to return the item and then call the police back, and do it ASAP.

[flyingron]

Legally, you did the correct thing by not calling back an incriminating yourself. If they have sufficient evidence, they'll continue the prosecution. It's quite possible that they don't have such.

Do NOT go back to the store. You can't undo what you've done and it will just attract more attention.
Do NOT talk to the police or anybody who inquires without a lawyer present.
If you are arrested, remain silent until you have a lawyer.