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  1. #1
    Join Date
    Apr 2010
    Posts
    3

    Unhappy Caught Shoplifting

    My question involves criminal law for the state of: New York

    Hello, I was caught shoplifting at a flagship store in NY. I stole around $200 worth of items and the guard caught me through the detectors.

    To begin, I did buy items from the store (about $70 worth). First, they checked the store bag and the receipt to assure the items that were bought matched. I went through the detectors again and as expected, they went off. They told me to take every item out of my personal bag and lo and behold, I showed the guard the items I've stole.

    I waited about 45 minutes as the employees and guards call, what I assumed to be the actual owner of the store (the position is even higher than general manager). He made me signed this paper with my name, address and school I attended. The paper states that I am not allowed to return to the store until death, or the results will be me handed to the cops and land myself in jail. They took my photo and I was asked kindly to leave.

    They did not call the cops, so I wasn't handcuffed or dragged out. Nor did I pay any fines, paid for the items I stole and they did not mention anything about a court case (yet). I consider myself lucky in those parts.

    I also need to add an important notice; I was caught twice, however, the very first time I was caught, I was let off with a warning, meaning I can still roam around the store but if I'm caught again, the consequences mentioned above will happen.

    I am 22 years old and this is my first criminal offense and I do not have any other offenses in my name, not even a speeding or parking ticket. However, I do enjoy my time in the store and would love to return as I promised myself never to commit this act again since I painfully regret committing such a silly act.

    My friend told me to file an arraignment, plea "Not guilty" and ask for a Public Defender. My other friend told me "wait until you age another 20 years and the won't even recognized you or the entire staff probably changed", which I prefer not to do because that was simply stupid (and funny). Although, I do plan to wait 3 years so I can file for independent before I can file an arraignment, but I don't know if that's a good idea or not.

    I am also unaware if this goes in my criminal record or not. In addition, I'm not sure if this goes into the National Retail Theft Database, since the store is not chain but flagship and I am only banned from the store alone, but if it does, will the division programs take my name off of it? I just want to join a diversion program and perform any required tasks (whether it's community services or anti-shoplifting course) or pay any fines to get this off my name and able to return to the store in peace, which is my main objective. If it doesn't take it off my records, how long will it last? I still plan to do this anyway to be on the safe side.

    Thank you for reading and understanding. Feel free to ask any questions if you're concerned about anything.

  2. #2
    Join Date
    Sep 2009
    Location
    Texas
    Posts
    60

    Default Re: Caught Shoplifting

    He made me signed this paper with my name, address and school I attended. The paper states that I am not allowed to return to the store until death, or the results will be me handed to the cops and land myself in jail.
    That sounds pretty clear too me, they placed your name on a criminal trespass list which means you’ve been “notified”. Next step is jail and a criminal record. Did you really ask if you could go back into the store?

    They did not call the cops, so I wasn't handcuffed or dragged out. Nor did I pay any fines, paid for the items I stole and they did not mention anything about a court case (yet).
    If they didn’t call the Police, then you probably got lucky….really lucky. The Police will generally issue a “notice to appear” or make an arrest on the spot. However there are times when this happens after the fact, but not usually. I would expect a civil demand in lieu of a court date.

    My friend told me to file an arraignment, plea "Not guilty" and ask for a Public Defender.
    Hold off on this for a little while…you may need it next time you go into the store.

    I was caught twice, however, the very first time I was caught, I was let off with a warning
    And stop shoplifting, you're not very good at it!

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Caught Shoplifting

    You want to go back to the store????

    Do so only if you would like to be arrested, and charged with Criminal Trespass.

    Also, at this point, the shopkeeper may decide to add on the Retail Fraud charge. Remember - they do have the evidence against you.

    Now...does going shopping there sound appealing to you? I didn't think so...

  4. #4
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Caught Shoplifting

    Quote Quoting PandorasBox
    View Post
    You want to go back to the store????

    Do so only if you would like to be arrested, and charged with Criminal Trespass.

    Also, at this point, the shopkeeper may decide to add on the Retail Fraud charge. Remember - they do have the evidence against you.

    Now...does going shopping there sound appealing to you? I didn't think so...

    Like I said, I would want to lift the criminal trespassing record from my name so I can return to the store. I don't mind if the employees are more suspicious or watches my every move. I'm simply asking if I can plea not guilty with a PD and perform any diversion programs to be on the lighter side.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Caught Shoplifting

    Do not expect to be allowed back to that store for a long time, if ever.

    Ask now....expect Criminal Charges to be filed.

    Let's put it to you this way....your friend comes over and steals money from your wallet - would you be welcoming that person back into your home any time soon?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting

    There is nothing you can do to demand the private owner/lessee of a business to allow you entry after you have been caught stealing from them.

    I am sure you can understand their position.

    I am afraid that your time enjoying that particular retailer has come to an abrupt end.

    We cannot tell you whether or not you are on the National Theft Database. The subscriber list is kept confidential.

    Once placed on that database, nothing short of proof that you are not the person that has been listed (a case of id theft, for instance) will get you off. Typically, your name will stay on the database for at least 7 years.

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