In the state of CA.
This happen to my mother she is 64, does not speak english very well. She was at Safeway, having her prescription filled. She was looking at some cream while waiting. He suddenly notices her wallet was not there. She looked around and was frantic. Not knowing that the cream was still in her hand she rush around the store looking for her wallet and though that it could be home. So her intend was to go home franticly to see if her wallet was home forgetting the cream was in her hand. So her intent was not to take the item.
The cream was 21 dollars. The security guard stop her just as she step out the door. She does not speak English very well. So it would have been hard for her to explain the situation to them. They told her to go into there office or the will call the cops. She told me that she was very scare. She told me the guy was big. They asked for i.d. she said she did not have her wallet asked to go home to get it. They said no. She asked to call someone home to get her id. They said no. She asked to call someone home to help her talk to him or her because she did not speak English. They ask her if she had any other type of i.d. she only had her prescription card. And then the call the police. The police came got her id from the computer and said next time you are going to jail and left. After the police left the security guard at Safeway still will not let her leave. At the point made her sign a form and they would let her leave until the form was sign. She ask to call some to get her id and help her with her English. They said to late. And made her sign.
The form is title
“Shoplift Arraignment Notice” . xxx police report number.
You are being accused of petty theft. Property was illegally taken from this business…… By allow you to sign this Notice, the security officer has elected to release you with out direct police involvement. A criminal report will be sent to the xxx Police Department and county da for review and possible criminal complanit…
. I hereby promise that I will appear in the xxx court, on datexxxx.. And it said if you have any questions call the police department.”
My mom told me about this two days later. I called the police department with the report number they said this is not a valid police department number. They ask me what this is about I told them about the “shoplift Arraignment notice” They ask me the location of the store and name of the person. They found a notation of the event, but said there is no report. They said probably because of the amount there would be an report and no criminal charge made. What probably happen is that we will get a letter from Safeway/Savemark demand a fine. But it would be a civil matter. I ask can they do that they said sure they can? And they was not very helpful after that.
I have been reading around and got some information but I still have some questions.
So my questions are:
1. It looks like the police have dropped the charges. I am still worry about this? Worry the police or/da will come back with the charges? How likely is this? If they do drop the charges does my mother still need to got to court for arraignment.
2. If my mother does get a demand letter what would be the “fine”? Also if this is a civil matter. Would the procedures be like any other civil law suit in CA. The letter the police said we would be getting, would this be a regular demand letter (you pay us or we will sue). And if we refused to pay they sue us. And if they sue us, will it be in small claims? Does anyone know what Safeway’s procedures is?
3. If the is a civil case do we have a counter claim of breach of contract and false imprisonment against Safeway. In the form my mother sign. It saids “By allow you to sign this Notice, the security officer has elected to release you with out direct police involvement. “ They call the policy anyways breach of contract. And they detained her after the policy came and left false imprisonment.
4. Given my mother did not have the intent to take the item. Does it do any good to contact Safeway and talk to the store manager or someone in corporate? And if so when should we do it, after verifying that there is not criminal charges, after we get a demand letter, or don’t do this at all.
thanks

