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  1. #1
    Join Date
    Mar 2006
    Location
    Maryland
    Posts
    2

    Default Falsely accused shoplifting in DC, civil demand expected

    My daughter was detained for shoplifting in DC. She denies trying to take an item, and I believe her. The police were called, but she was not arrested. She was told to stay out of the store from this point on. She was given a civil demand notice by the store, and I guess we will get a letter demanding money. How is it that a retailer gets to decide someone is guilty-- can someone tell me what her rights are? Should I pay it and be glad she wasn't arrested or fight it?

  2. #2
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    Is your daughter a juvenile? Were you there when the incident happened? Do you know all the details? Did the police say they would not press charges?

    If you believe your daughter, you probably should fight it, especially if the civil demand is ridiculous. But make sure you have all the facts. The store must have evidence before they detained your daughter and called the police. They didn't just do it for fun. Was it a big store with video and loss prevention people?

    Yes, if she did it and was not arrested or charged, you should be glad. But if she didn't, that is another story.

  3. #3
    Join Date
    Mar 2006
    Location
    Maryland
    Posts
    2

    Default

    Yes, she is 15. It is a chain, clothing store. Maybe they had videos, I don't know. No, I was not there, she was with two friends. This is what I believe happened. She had several big shopping bags, items she paid for in other places and she has receipts. In the store in question, she laid the bags on a sofa while she waited for her friends, fixed her hair, talking etc. When they were leaving, she picked up her bags and there was a blue t shirt on the sofa. She thought it was the t shirt in her bag, and it had fallen out, so she put it in her bag. When she got to the door, the buzzer went off. She did not leave the store. She stepped back in, looked in her bag, and realized her mistake. She took it from her bag and offered it to a nearby sales clerk and was explaining what happened, when the store manager ran over and ordered her to her office. Then she called the police, who questioned her and decided not to press charges. I believe her. She was hysterical, and cried all evening, about the unfairness and the humiliation. I don't know whether anyone else will believe her, but I do. I can tell by her reaction that she did not do it on purpose. I think that kids who are stealing do not stop and take the item out and offer it back with an explanation, they just run, so I think the whole thing stinks. I'm confused by some of these posts, I guess she can still be charged, right? What does it mean that if you have something concealed, it is a prima facie evidence of a crime? Don't people make mistakes?

  4. #4
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    Seems to me your daughter was treated fairly.

    She had a shirt in her bag which she didn't pay for. The manager came and investigated the incident. The police were called. The police asked some questions, believed what your daughter said and decided not to press charges. End of story.

    Although she may not be guilty of shoplifting, she did make a mistake by putting the shirt in her bag. And as a result, from the point of view of the store, they wanted to recover some of the costs caused by this carelessness of your daughter, not the shirt itself but staff and time costs.

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Questions

    I'm curious about something.....how closely did the shirt she allegedly steal match the one she had already purchased elsewhere?

    If it's identical or almost identical, it seems likely that it was a mistake. It's very unlikely a girl would steal a duplicate shirt...jeans, maybe, but not a shirt.

    If the shirts aren't very similar, I would assume she is guilty because, presumedly, she purchased it within an hour or so and would certainly have looked it over carefully before buying it. I hope they're very different.

  6. #6
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    It's been a while since I've dealt with civil demands, the company I work for now doesn't take part in them. But it seems to me unless the store or police are actually pressing charges, a civil demand isn't in order. There didn't appear to be an actual witness to any theft or attempt theft, the store manager reacted to the sensor alarm going off and called the cops. They determined no crime occurred, no charges filed so I don't see how they can justify the civil demand. Maybe I'm wrong and like I said I haven't had to deal with demands......but it doesn't seem right to me. (IMHO)

  7. #7
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Sorry

    I know the last sentence in my last message sounded mean but I DIDN'T mean to say that I hoped they were different....I meant to say I hoped they were the SAME!! ops: Sorry!

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