Caught Shoplifting At One Store But Had Another Store's Merchandise As Well

[poorcollegekid]

My question involves criminal law for the state of: Maryland

I was caught shoplifting from Gap by an roving security employee. He was nice and said that since it was my first offense and it was less than a felony, he was going to civil demand and trespass me and go to the commissioner and file "theft under" charges. He gave me papers to sign for the civil demand and trespass and gave me copies. He said I will be fined several times the amount of the merchandise which totaled around $100 and that I had to pay or they could garnish my paychecks. He also said that he works all the Gap stores and that if the cameras saw me in any Gap store in Maryland that would be trespassing and an automatic arrest.

I also had stolen merchandise from two other department stores. One was around $300 and another $200. Both came to Gap and both banned me from their stores and told me I would have to pay civil demand to them as well. I think that is unfair because they didn't catch me so how can they make me pay? I know Gap caught me, but the department stores didn't.

#1 Is trespass an automatic arrest in Maryland?
#2 Can the department stores ban me and civil demand me?
#3 What is the commisioner and what should I expect from them?
#4 What is theft under?
#5 I signed the papers for Gap and both department stores but I wish I didn't because I think that they are unfair to charge me if they didn't catch me. Can I appeal the signatures someway?

I am low on funds and was stealing because I had no clothes and don't want to pay all that civil demand.

I understand the Gap papers and am not challenging them. I am wondering how the department stores can do what they do,.

[cyjeff]

#1 Is trespass an automatic arrest in Maryland?

It is for you.

#2 Can the department stores ban me and civil demand me?

Yes. They can also decide to pursue criminal charges.

#3 What is the commisioner and what should I expect from them?
#4 What is theft under?

I don't understand either of these questions.

#5 I signed the papers for Gap and both department stores but I wish I didn't because I think that they are unfair to charge me if they didn't catch me.

First, it was right and proper for the other stores to charge you. All retailers work together to stamp out theft. You were caught... did you think the gap guy was going to let you just keep everything you didn't steal from HIM? That would make him a knowing accessory to your other thefts.

Second, it doesn't matter. You signed papers admitting to your theft. All other points are moot.

Can I appeal the signatures someway?

Yes. You can get an attorney and sue. And lose. And then pay the civil demands, the court costs and the legal fees of both your own counsel and the counsel for the department stores.

And then you can STILL face criminal charges.

I am low on funds and was stealing because I had no clothes and don't want to pay all that civil demand.

Sorry, it doesn't work that way. Don't do the crime if you can't do the time.

I understand the Gap papers and am not challenging them. I am wondering how the department stores can do what they do,.

Because you stole from them. You had, in your possession, stolen goods. The security guard could not simply look away.

Retailers work together to stamp out theft. In fact, they also put your name into a National Theft Database that will prevent you from ever getting a job in another retailer. It will also be seen by anyone else if you decide to steal again.

[BOR]

My question involves criminal law for the state of: Maryland

#1 Is trespass an automatic arrest in Maryland?

I can tell you this, if an officer wishes to arrest you "without" a warrant, the offense MUST be committed in his presence:


§ 2-202. Warrantless arrests - In general.

(a) Crimes committed in presence of police officer.- A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer.

I have not sifted through the shoplifing laws, but some states permit a warrantless arrest, as an exception, if the theft ocurred within a reasonable time after it, even though it was not "in presence", the same with domestic violence, etc., generally.

IF a complaint is made for theft, in order to be arrested they would have to issue a warrant. Most probably a citation/summons will be sent to you if charges are brought.

Warrants take manpower to execute, a summons can be mailed.

[cyjeff]

Such as "possession of stolen property?"

[525601minutes]

I am low on funds and was stealing because I had no clothes...

SERIOUSLY???? You think it is okay to steal because you WANTED new clothes. Do you know the difference between WANT and NEED??

If you NEED something to wear and you can not afford NEW clothes from the Gap or department stores then you go to the local Salvation Army or Goodwill or used clothing store and you spend about an hour's pay and get something to clothe your body so you are not arrested for indecent exposure.

[poorcollegekid]

I know what I did was wrong. I am asking the dept stores and their ability to make me pay. They saw nothing so how can the prove I stole it from them? I am also wondering who the commissioner is and what relevence is he to my case. Also, my theft under charge is theft under what?

[aaron]

You are within your rights to refuse to pay civil demands and see what they do. Typically, they can sue you and attempt to collect the fine plus their attorney fees.

[panther10758]

Ok this may not even be an issue have any of the other stores sent you Civil Demand notices or provide you with banning paperwork?

[BMW382]

The department stores ARE within their right to Civil Demand you because you admitted you stole it by signing the papers. You will lose any attempt to void the signatures. Most likely the department stores that didn't catch you will not pursue criminal charges. You need to pay the civil demands from everyone because if you don't they will only increase and they WILL sue you to get their money and they will win. Learn a lesson and save money for clothes.