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  1. #1
    Join Date
    Oct 2009
    Posts
    5

    Default Legal Consequences of Getting Caught Shoplifting

    My question involves criminal law for the state of: Massachusetts

    My daughter was caught shoplifting from a Grocery Store yesterday. She had $105 worth of stuff in her bag and they caught her as she was walking out. They asked her to go in a back room and told her they saw her. She said she saw a TV with videos but didn't ask if they have video footage of her or not. They made her sign some papers confirming how much she took, gave her a letter saying she is no longer welcome and will be trespassing. It was the store's security guard in undercover that caught her and said that usually over $100 they call the cops but because she was honest and cooperative they won't. She is very paranoid and freaking out, I have read a lot of posts but wanted to clarify:
    1. If she is just paying a fine, is there any legal involvement, permanent record, etc?
    2. Can the store decide to pursue her legally later on even if she pays the fine fully?
    3. The security guy said that if she doesn't hear back from anyone in 1-2 weeks, to call a number on the form and make sure she pays her fine and it doesn't get lost or anything. Is this correct
    4. Will this hurt her credit rating?
    5. Will this affect future employment even though she is not in the retail industry?

    Again, no police were called, but it was just the undercover security dealing with this. If the store manager comes back later in the day, could they change their minds about how it was handled?

    Thank you so much for your time and opinions.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Legal Consequences of Getting Caught Shoplifting

    1. If she is just paying a fine, is there any legal involvement, permanent record, etc?
    If no police were called, then she has no criminal record. She may be reported to the National Retail Theft Database, however.

    2. Can the store decide to pursue her legally later on even if she pays the fine fully?
    Yes. The statute of limitations is one year. However, as long as she pays the Civil Demand, it is unlikely that they will pursue criminal charges.

    3. The security guy said that if she doesn't hear back from anyone in 1-2 weeks, to call a number on the form and make sure she pays her fine and it doesn't get lost or anything. Is this correct
    Why wouldn't it be? Loss Prevention gains nothing by lying about procedure here.

    4. Will this hurt her credit rating?
    No.

    5. Will this affect future employment even though she is not in the retail industry?
    If she's reported to the National Retail Theft Database, it could, regardless of field. Some employers use outside companies for background checks, and some of those companies do check that database.

  3. #3
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Legal Consequences of Getting Caught Shoplifting

    Thanks so much for your response. Is it possible to call the National Theft Database and see if she's been reported, or should be call the store's corporate office and ask?

    Also is this database where her name would be for 7 years?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Legal Consequences of Getting Caught Shoplifting

    Is it possible to call the National Theft Database and see if she's been reported, or should be call the store's corporate office and ask?
    You can ask, but I wouldn't expect either of them to tell you - stores don't reveal whether they use it for a reason.

    Also is this database where her name would be for 7 years?
    Yes.

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