Caught Unintentionally Shoplifting New York

[annie82]

My question involves criminal law for the state of:
New york, ny
I was shopping last night at anthropologie and was holding a lot of sweaters and dresses to try on, and I also grabbed an earrings ( retail value $28). Since the earrings always stuck with the sweaters, I decided to temporarily hold it in my pocket and reminded myself to pay for it when I checked out.
But during the time I checked out, I did some returns, price adjustment, and paid for the items I wanted. Also I asked the associates to locate other 2 items I wanted but can't find my size.
it was a bit long process and i completely forgot about those earrings.
I was stopped at the door becuase of beeping and when they found the earrings and when they asked simply did I forgot to pay? I went completely blank and denied.
then I was detained in the office. they told me I will receive the civial demanding letter and will be banned from that store for 3 years.
I wasn't asked to sign any letters and there is not a pic taken.
I called them back to explain later when I gathered myself later but they said the incident is now out of their hand.
I am very very regretful for what I behave, i guess i was just freaked out.
I have always been in good standing and never have anything like this happened to me before.
What should I do?

1.SHould I go back and explain to the store manager in person to waive it?
or should I ask to sign the paper works?

2.I learned about the cival demands request from the letter they gave me the last night stating i will receive that civial demand letter from them and asked me to follow that. I learned that in state of new york, i will have to pay for i) the item attempted if not recovered (in my case, it was recovered).2. no greater than 5 times of the retail value of the larceny or 75 dollars.
Does it mean i will have to pay for 140 total of the cd?

3. I am in process of applying for new jobs, nothing related to retails, will that affect my futher job?

thank you very very much for any advice, I am scared to death and wouldn't tell my husband what happened? I am now 27 years old.

[jk]

1.SHould I go back and explain to the store manager in person to waive it?
or should I ask to sign the paper works?

what makes you believe the manager will simply waive "it"? More likely, I would presume the manager would support his security people and not change the status quo. and to signing anything; if they wanted you to sign something, I suspect they would have already asked you.

2.I learned about the cival demands request from the letter they gave me the last night stating i will receive that civial demand letter from them and asked me to follow that. I learned that in state of new york, i will have to pay for i) the item attempted if not recovered (in my case, it was recovered).2. no greater than 5 times of the retail value of the larceny or 75 dollars.
Does it mean i will have to pay for 140 total of the cd?

well, taking your word for the germane law, that is what I would guess. I kind of suspect there is some verbiage missing from "or $75". it sounds like there should be something like "whichever is greater" or whichever is lesser". As you wrote it, it just seems incomplete and does not explain itself.

3. I am in process of applying for new jobs, nothing related to retails, will that affect my futher job?

Well, there is a national database for retail thieves. If your prospective employer has access to that, then it surely could make a difference.

[annie82]

Hi thank you very much for your quick reply.
Now I learned my lesson and just want to minimize the damages that it might cause.
For the retail database, is that only for retail business, I am not related for retail business, will that still be part of the background check for jobs not related with retail?

just to state, no police involved and they said they will not call police becuase of their policy: if goods under 78 dollars, they will not call police.
but from what I read from the board, the retailer still have 1 year to file charge, right?
is that possible that they will call police and get a warrant to search my apartment and arrest me?

i copy and paste what I saw from other post regarding the law
5. An adult or emancipated minor who commits larceny against the
property of a mercantile establishment shall be civilly liable to the
operator of such establishment in an amount consisting of:
(a) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however, that in
no event shall such penalty exceed five hundred dollars.

[jk]

so, it seems the fine will be $140 based on the posted law.

as to who has access to the database; I believe any company that wants to pay the money to subscribe to their services can have access to it. I would suspect that a company that is in the business of doing background checks would have access to it if it is possible. As such, your event may be subject to view by just about anybody but nowhere near sure of that.


all you can do is wait and see if it presents a problem.

is that possible that they will call police and get a warrant to search my apartment and arrest me?

why the concern? Is there more stolen merchandise to be concerned about?

generally, if they said they are not going to prosecute and you simply pay the civil demand, that is the end of it. Taking this to court actually costs the company money and, while they do criminally prosecute some shoplifters, I suspect if they intended on prosecuting you, they would have called the police and had you arrested right then.

so, pay the civil demand, stay out of that store or chain (whichever your restriction is) and go on with life.

[annie82]

[QUOTE=jk;396045]so, it seems the fine will be $140 based on the posted law.

as to who has access to the database; I believe any company that wants to pay the money to subscribe to their services can have access to it. I would suspect that a company that is in the business of doing background checks would have access to it if it is possible. As such, your event may be subject to view by just about anybody but nowhere near sure of that.


all you can do is wait and see if it presents a problem.


why the concern? Is there more stolen merchandise to be concerned about?

no, i paid for the rest only missing the earrings.

[annie82]

it might sounds silly, but i have been calling the store as well as their attorney trying to explain, but they never let me.
Is there a better way to deal with it? I am willing to pay the civial demand (it might still be too early since it just happened)but don't want to leave any bad record evne for that data base?
thank you for any advice that you can provide.
thanks

[jk]

if they don't want to talk to you, there is nothing you can do. Pay the demand and go on with life.

God, grant me the serenity
To accept the things I cannot change;
The courage to change the things that I can;
And the wisdom to know the difference.