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  1. #1
    Join Date
    Apr 2006
    Posts
    147

    Default Accused of Shoplifting at Safeway

    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

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused of Shoplifting at Safeway

    Unfortunately, too many dishonest people have used the "I didn't mean it" excuse, and the prosecutors and judges have heard it too many times to believe it even in sincere cases.

    Answers:

    Consult a Criminal Defense Lawyer.

    She should plan on appearing in court and having a Translator with her, or asking for one.

    The Civil Demand should be around $250+. Pay it, or the store can sue in Civil Court (and add in court costs), negatively affect her credit history....

  3. #3
    Join Date
    Apr 2006
    Posts
    147

    Default Follow Up Question Accused of Shoplifting

    in california this is a follup up question to my previous thread.

    So if my mom were detained by the security officer at the store, Safeway. And the cops were called. But they only verified you id. No arrest, no citiations given by the police. Does this mean that there is not going to be any criminal fines, court fees ect?

    There may be a civil demand later.

    thanks

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused of Shoplifting at Safeway

    Usually when police are involved, it IS a criminal issue.

    You did state there was a Court Summons on a piece of paper. That does mean she has to appear in court.

    I would appear on that date and time.

    In my case (remember this varies by state, district, etc) - I was told to expect to receive a date in the mail. After a couple weeks of not receiving it, I called. Clerk said nothing was on file. I got it in the mail the next day.

  5. #5
    Join Date
    Apr 2006
    Posts
    147

    Default Re: Accused of Shoplifting at Safeway

    Quote Quoting PandorasBox
    View Post
    Usually when police are involved, it IS a criminal issue.

    You did state there was a Court Summons on a piece of paper. That does mean she has to appear in court.

    I would appear on that date and time.

    In my case (remember this varies by state, district, etc) - I was told to expect to receive a date in the mail. After a couple weeks of not receiving it, I called. Clerk said nothing was on file. I got it in the mail the next day.

    In your case did the police issue a citation or the security gurad? In my mom's cause the police came but they did not issue her a citation. Also which state are you from?

    What my mom got was not a court summons (court summons are issues by the courts). It saids "Shoftlift Arraignment Notice". The security guard issued it. The security gurad did not even have to sign it. It does not even say what code she is aaccused of beaking. And it was not something the police issued.

    Another questions is I am trying to figure out what this thing she got from the security office really was.

    thanks

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused of Shoplifting at Safeway

    I'm in Michigan.

    I was given a notice to expect to appear in court. The court date was mailed to me.

    Other things your mom could have signed/received from the Store Security person:
    - Notice she will be receiving Civil Demand in the mail.
    - Notice banning her from EVERY Safeway. The notice would tell her that is she enters a Safeway Store, she can be detailed, cops called, arrested for Criminal Trespass.

    It sounds as if you and your mom would benefit from a consultation with a Criminal Defense Lawyer. Many offer free consultations. Be sure to take paperwork with you to the appointment.

  7. #7

    Default Re: Accused of Shoplifting at Safeway

    First of all, if there is no charges she lucky. For that amount of money safeway would apply for criminal charges. Second, yes she will get a fine which she must pay. If she wishes to contact legal aid that would be great. Unfortunatly, there is not much a lawyer can do about this as it is a small case with lack of evidense. Finally it would be cheaper to pay the fine than to pay a lawyer.

  8. #8

    Default Re: Accused of Shoplifting at Safeway

    Encourage your mom to do herself a favor and pay that civil demand like it was yesterday.

    Safeway DOES NOT PLAY with shoplifters. They are one of the "toughest on shoplifters" out of all the major grocery chains. When dealing with Safeway, not paying the civil demand=the civil demand doubling, then tripling. Not too mention criminal charges.

    In my state, Safeway Grocery Stores have "computerized-locking carts", which means that the all too common "push out thefts" wont work in Safeway Stores. This is because the shopping carts have an alarm-sensor built into them, meaning that once an item is placed into a shopping cart and that said shopping cart DOES NOT pass through a check-out line, an alarm goes off, and the exit doors "lock".

    Yet, EVERY-TIME I grocery shop (Safeway has the best meats here in Illinois), someone gets caught trying to shoplift..e.g. steal. Go figure.

    Just a "friendly warning" for you grocery store shoplifters (crooks) out there.

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