Have you ever been caught shoplifting and then released by the staff? You may be wondering what comes next.
If you’ve been caught shoplifting, you’ll often be asked to sign documents and give your personal information to the staff. After this, they can decide whether to let you go without further penalties, ban you from the store, or report you to the police and have you charged with theft.
Let’s find out more about what often happens.
What Happens If You Get Caught Shoplifting?
Getting caught shoplifting will often result in you being asked to go into a back room, empty your bag/pockets, give some personal details (such as name, address, phone number, etc.), and possibly sign some paperwork.
It’s important to understand your rights if this happens. Be aware that you are not obliged to comply with these requests, even if the store threatens to do things like call the police or prosecute you.
They can do these things anyway, even if you do comply. It may be wise to ask for a lawyer and get legal advice if you find yourself in this situation.
You should also be aware that doing things like offering to pay for the item or claiming it was an accident can make things worse, as this may be used in court as evidence of your guilt.
In most cases, the best course of action is to say nothing and to simply leave when you can.
So, if you’ve done that, what happens next?
What Happens If You’ve Been Released After Being Caught Shoplifting?
It depends; there are quite a few ways that this can go. In some cases, nothing at all will happen. The store will decide that they have done enough and will not take any further action.
This is most likely to happen if it was a first offense, and if the item was low-value.
However, the store can decide to take further action against you. The mildest form is banning you from the store (or from the whole chain if there are multiple locations).
Your picture may be circulated to help security keep you out of the store. You may be notified of the ban by the police or given a formal notice if you try to return to the store.
Alternatively, the store may decide to pursue you for theft. They can send you a civil demand letter, which requests a fine be paid to them.
This fine will usually be several times the value of the item stolen, so be aware that you won’t just be asked to pay the amount that it was worth.
This civil demand letter is not binding, and you are not legally obliged to pay it. However, if you don’t pay it, there is a greater chance that the store will decide to take legal action and get the police involved.
It’s a good idea to contact a lawyer if you have received a civil demand letter because they will be able to advise you on the best course of action in your situation.
If you don’t pay the store, they may decide to take you to court. They can press civil charges or criminal charges, but criminal charges are the more common option.
You will be faced with a misdemeanor if the value of the goods you stole was low, or a felony if the goods were worth a lot of money (amounts vary depending on the state you live in).
Note that stores generally have at least 6 months to decide whether to pursue someone for shoplifting, so you shouldn’t assume that it’s over if you haven’t heard anything for a few weeks.
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Will It Go On Your Permanent Record?
If you are given a ticket by the police and required to appear in court, there is a high chance that this will appear on your permanent record, yes.
This can make it harder to get work in the future because you will have a record of theft, which makes many employers wary.
If you are being faced with shoplifting charges, it’s important to speak to a lawyer who can advise you on the best course of action.
There’s no single “right” way to handle this because there are so many variables involved. Getting expert advice on your unique situation is therefore critical.
Can You Still Go To Prison If You’ve Been Released After Shoplifting?
If the store decides to follow up with you after releasing you, there’s still a chance that you could be sent to prison if you are found guilty of shoplifting.
In most states, even stealing low-value items can carry a prison sentence of up to 12 months. Stealing high-value items will potentially incur much longer prison sentences.
It’s crucial to be aware of the risks before you consider taking anything from a store, as the chances of getting caught are high. This is particularly true if you are inexperienced.
Stores implement a lot of anti-theft measures, including cameras, trained staff, anti-theft devices, alarms, and more.
Some stores take even minor shoplifting offenses very seriously because taking a hard-line approach deters future shoplifting.
They may have a policy of prosecuting all shoplifters, regardless of what was taken, whether it was a first-time offense, etc.
That means you could be in major trouble just for taking a candy bar or something similar. Although a lot of people think of this kind of shoplifting as a minor crime, it is still a crime and has serious consequences.
Should You Return To The Store?
If you’ve been caught shoplifting and released, it’s not a good idea to return to that store for a long time – if ever.
The store will almost certainly have a record of the incident and will be on the lookout for you. Your picture may have been circulated among security/loss prevention staff.
Returning to the store, even if you do not intend to steal, can prompt the store to take action against you, even if they might otherwise have let you off with a warning. After all, they have no proof that you don’t intend to steal this time; they just know that you have come back to the store.
It’s usually best not to go back to a place where you have been caught shoplifting if you can avoid it. Go to other stores in a different area to reduce the risk of somewhere deciding to press charges against you.
If you do need to go back to a store, consider asking a friend to go for you, or consulting a lawyer before you do so.
They can discuss the risks with you and may be able to find an alternative solution. If you’ve been banned from a store, don’t return there; you may be accused of trespassing, which is also a crime.
Conclusion
If you’ve been caught shoplifting but then released, there is still a chance that the store could decide to send you a civil demand letter or press charges.
You should speak to a lawyer about your options and find out what your rights are if you’re concerned about this. Avoid returning to the store in the future, too.