Shoplifting, Larceny, Robbery, Theft Caught shoplifting, they have my wrong address

[ijustmadeamistake]

Jurisdiction

Illinois

I was stopped for shoplifting two items at a big retail store today, about $40-$50 worth. However, I had a lot more in my bag that they didn't mention on. They didn't ask to see my bag either (I think it's illegal for them to do that without the police anyways, right?). Anyways, cops were not called. They took my picture, a picture+info of my ID, and asked me to sign a trespassing document stating I wouldn't visit that specific store anymore. Needless to say I'm scarred for life and will never shoplift again.

The anxiety is not worth it. I'm mostly concerned about my address. When they wrote down my information, I didn't even think of the fact that my drivers license has my old address in it. So whatever they wrote down, has my old information on it. If they send me something through the mail (to pay fines, for example) I won't receive it. I guess I have two questions:

1) what are the chances of them reviewing their tapes and seeing I actually took more stuff than they thought, and calling the cops?

2) if they have my wrong address, can they still find me somehow? If so, how?

And also I suppose I have a third question, which is, if they were to send me a civil demand letter, and I wouldn't receive it because it's my old address, how bigger would my trouble be?

My anxiety is obviously through the roof and I have 100% learned my lesson here. It's not worth it!

 

[shrinkmaster]

I am a Retail Theft consultant and answer questions like yours daily. Before I answer it was VERY unwise to name store especially this one as they employ people that use internet to find people like yourself who confess to wrong doing on their stores.

1) what are the chances of them reviewing their tapes and seeing I actually took more stuff than they thought, and calling the cops?
If they read this really high!

2) if they have my wrong address, can they still find me somehow? If so, how?
Yes and I would advise you to give them correct address to avoid further problems including criminal charges

 

[ijustmadeamistake]

I am a Retail Theft consultant and answer questions like yours daily. Before I answer it was VERY unwise to name store especially this one as they employ people that use internet to find people like yourself who confess to wrong doing on their stores.

1) what are the chances of them reviewing their tapes and seeing I actually took more stuff than they thought, and calling the cops?
If they read this really high!

2) if they have my wrong address, can they still find me somehow? If so, how?
Yes and I would advise you to give them correct address to avoid further problems including criminal charges

Thank you for your reply. I edited the name of the store out.

 

[army judge]

Thank you for your reply. I edited the name of the store out.

Stay away from all of their stores for at least TEN years.

The store where the ALLEGED theft occurred stay away from that store FOREVER.

From this point forward treat that entire affair as you would material in a toilet, FLUSH IT, FORGET IT.

Have no more communication with anyone of them, let this be the last day you ever mention this, and remember this event until the day you take your last breath.

 

[mightymoose]

The matter of your address is irrelevant. If they ever do manage to send you anything you generally should do nothing to acknowledge receipt of it. You have no legal obligation to pay anything they demand. Don't be build by their scam. The matter is over unless you choose to play the game.
Criminal charges are incredibly unlikely at this point, especially after making a civil agreement with you. If they do anything at all it will be in civil court, no criminal, and the tiny amount in question here is not economically reasonable for them to pursue.

 

[shrinkmaster]

I disagree. He speaks about Civil Demand and possible criminal charges. I know how this retailer tends to operate and where chance of criminal charges are low its higher than other retailers. Now on issue of Civil Demand

 

[ijustmadeamistake]

I have changed my address with the DMV when I moved, and last night did the mail forwarding thing with usps, so hopefully when they send the civil demand (and I'm sure they will), I'll get it. I think I would rather pay the civil demand just because I know I took more than what they stopped me for, so I'm scared they'll try to go after me because of that. Sure maybe they haven't found out if I'm lucky, but who knows of they reviewed footage after I left, there's no way to know unfortunately. I'm just hoping it's not something absurd that I can't afford over less than $50 that they took back and wasn't damaged. Anyways, I'm the criminal, I made the mistake and I'm willing to work with them.
If the amount of the civil demand is absurd, does anyone know if there's a way to negotiate it or make monthly payments? And is that a guarantee that they won't press charges, or at least they usually don't?
Thank you to everyone that has answered me and helped me so far, it's very appreciated. Shrinkmaster, thank you for the video, I'll watch it on my break! Thanks!

 

[shrinkmaster]

The amount of Civil Demand has many factors to come up with figure but it WILL be more than $50.00 and yes you can normally make payments. Laws vary on whether they prosecute and send Civil demand some states do not allow both. Another good reason to pay to avoid this. In most cases if you pay Civil Demand its over not paying could provoke criminal filing (see links i provided).

 

[zddoodah]

They didn't ask to see my bag either (I think it's illegal for them to do that without the police anyways, right?).

No, it's not illegal for a merchant to ask a suspected shoplifter to see his/her bag. Why on Earth would you think it might be illegal to "ask to see" something?

what are the chances of them reviewing their tapes and seeing I actually took more stuff than they thought, and calling the cops?

67.1869%.

if they have my wrong address, can they still find me somehow? If so, how?

Just about anyone can be found. It all depends on how hard someone wants to look, and there are myriad ways of finding folks -- especially if the person doing the looking has the person's prior address.

if they were to send me a civil demand letter, and I wouldn't receive it because it's my old address, how bigger would my trouble be?

"How bigger"? I'm not sure what sort of answer might be appropriate to a question like that. Obviously, if a demand is made and you don't respond (regardless of the reason), then the merchant will have the choice of pursuing legal action against you. How likely is it that some unknown merchant in Illinois will do that is something about which folks can only blindly speculate.

If it will help assuage your anxiety, feel free to send the merchant something in the mail explaining that your driver's license has your old address and providing your correct address. However, by placing a forwarding order with the post office, that should cover it.

 

[mightymoose]

I have changed my address with the DMV...

The address is not a significant issue. They have all they need from the ID card and can locate you if they want to.

I think I would rather pay the civil demand just because I know I took more than what they stopped me for...

If that's what makes your guilty conscience feel better then go for it, Most people aren't so anxious to give away their money.
Paying them is entirely at your discretion. Any additional items you may have allegedly walked away with have nothing to do with anything.
If you do receive a demand letter you might take it to a local attorney for a quick (and usually free) consult to find how such matters tend to be handled in your area. Some will tell you to pay and be done, others will set you at ease and recommend you trash the letter and forget about it.

I'm just hoping it's not something absurd that I can't afford over less than $50 that they took back and wasn't damaged.

This is a big factor in why they are unlikely to pursue you. Their loss/damages are minimal if they exist at all. It would cost them more to pursue any action against you than they could legally recover if successful. Expect the demand to be in the range of $300-500.

Anyways, I'm the criminal...

No, not until you are convicted in court, which is not going to happen with this. Even if by some miracle they pursued you it would never get into a criminal court. Where I live shoplifting for such a low value is handled as an infraction- the equivalent of a traffic ticket. It could be similar in your area.

I made the mistake and I'm willing to work with them.

They are not willing to work with you. They are going to make demands and threaten you and bully you into paying them. I recommend not even opening the letter so their silly nonsense never has a chance to mess with your brain.

If the amount of the civil demand is absurd, does anyone know if there's a way to negotiate it or make monthly payments?

Most will accept a payment plan. If they have a fish on the line they aren't going to let it go. They make their money off the suckers who fall for the scam.

And is that a guarantee that they won't press charges...

At this point it is already incredibly unlikely you will have to worry about any criminal action. If they pursue you it will be in civil court.

 

[shrinkmaster]

Just a note this is NOT a scam its state law. Suggesting it a scam is pretty much saying its unlawful its not its legal! You have been given advice what you do is up to you. BTW it cost store NOTHING to pursue criminal complaint that cost falls elsewhere. It is 100% within their rights to pursue whomever they wish criminally or civilly. Some of these recovery services P&R to name one can be VERY aggressive at pursuing these funds and have no issue with filing a suit.They typically are not paid unless Civil Demand is paid so its in their best interest to pursue.

 

[mightymoose]

It is a legal scam.
Many attorneys call it a scam, extortion, shakedown, etc.

The civil demand statute is a permissive law that simply says a retailer may make the demand. They could make such a demand without the law. There is no penalty for not complying with the demand, and there is no legal obligation to pay it or acknowledge it in any way whatsoever.

Op--- do a little googling of "Illinois civil demand law" and see if you can find a consensus on the matter in your state. Even better, contact a local attorney. They will set you straight for what to expect in your area.... which is most likely absolutely nothing.

 

[zddoodah]

Anyways, I'm the criminal

No, not until you are convicted in court, which is not going to happen with this. Even if by some miracle they pursued you it would never get into a criminal court. Where I live shoplifting for such a low value is handled as an infraction- the equivalent of a traffic ticket. It could be similar in your area.

A "criminal" is a person who has committed a crime, which the OP admittedly did. That the OP is not a "convicted criminal" doesn't mean he/she is not a "criminal." As far as the level of offense, under Illinois law, shoplifting property with a total combined value of $300 or less is a Class A misdemeanor, which carries the possibility of fines up to $2,500 and up to a year in jail. If the person executed the crime via an emergency exit and/or has prior convictions for theft related crimes, it jumps to a Class 4 Felony (up to $25k fine and 1-5 years in prison). See 720 ILCS 5/16-25.

They make their money off the suckers who fall for the scam.

How is statutory civil liability a "scam"? 720 ILCS 5/16-27 (i.e., a state law) provides that "[a] person who commits the offense of retail theft . . . shall be civilly liable to the merchant of the merchandise in an amount consisting of: (i) actual damages equal to the full retail value of the merchandise; plus (ii) an amount not less than $100 nor more than $1,000; plus (iii) attorney's fees and court costs." Thus, your assertion that "it would cost them [sic] more to pursue any action against [the OP] than they [sic] could legally recover if successful" is incorrect. That attorneys' fees and costs are recoverable means there is no incentive not to pursue civil liability.

 

[zddoodah]

The civil demand statute is a permissive law that simply says a retailer may make the demand. They could make such a demand without the law. There is no penalty for not complying with the demand, and there is no legal obligation to pay it or acknowledge it in any way whatsoever.

The statute, as I just quoted it, says every bit of this is incorrect. The statute doesn't say anything about making a demand. The statute says the thief "shall be liable" for the amounts stated. "Shall" is mandatory, not permissive. And yes, there is a legal obligation to pay the liability (just as there is a legal obligation to pay other liability imposed by law -- e.g., income taxes).

 

[mightymoose]

There is no legal obligation to pay anything at all until a court orders it. The demand letter itself is toothless and requires no action of the recipient. Payment is optional.
A court order is certainly different- but very few matters ever go that far.

Don't be so literal all the time... it's a real drag. :\

 

[shrinkmaster]

While a Law Enforcement officer suggests to user they violate state law! Let me again add if the OP (or anyone) waits for it to go to court (however unlikely) they will see amount triple or more! Its a risk! Its up to each to decide if its worth risk! I work in the industry and know this happens no one can say it wont just that its unlikely. Is it worth the risk!? I advise clients to pay as the possible consequences are heavy and long term!

 

[mightymoose]

While a Law Enforcement officer suggests to user they violate state law![\quote]

I haven't suggested to anyone to break the law. If you think I have then you have misunderstood.

There is an abundance of attorneys across the country who agree with ignoring the demands.
A person with priors might be more inclined to pay, or if there are additional circumstances that make prosecution more likely and paying the demand will prevent it. For the vast majority of petty offenses when the actual loss is zero, not paying the demand will have no consequence and the demand letters will stop after several attempts.

 

[army judge]

While a Law Enforcement officer suggests to user they violate state law! Let me again add if the OP (or anyone) waits for it to go to court (however unlikely) they will see amount triple or more! Its a risk! Its up to each to decide if its worth risk! I work in the industry and know this happens no one can say it wont just that its unlikely. Is it worth the risk!? I advise clients to pay as the possible consequences are heavy and long term!

I'm a lawyer.
I'm also a judge.

I KNOW that it has never even been tried in Texas, suing in court because a "mark" decided NOT to acquiesce to extortion by a law firm trying to scare people never charged or indicted with any crime for a few hundred dollars.

The law firm makes easy money scaring uninformed people into coughing up loot, the height of unethical behavior in my opinion, legally and personally.

To be clear, merchants in Texas were able to sue anyone for damaging property, just as a citizen could do before another useless law was passed.

Again, not one case has been filed in any court in Texas pursuant to the redundant law which allows law firms to coerce or scare money from uninformed people for losses that haven't occurred.

Yes, we all need to behave ethically, law enforcement and those with access to proprietary databases containing information on those alleged to have stolen from merchants who pay to operate the database to protect their property and goods.

I've not observed any law enforcement officer posting on this site to behave less than ethically.

 

[shrinkmaster]

The law says retails "can" seek these funds lawfully! A Judge and Police officer have numerous times told users NOT to pay! Spin this anyway you wish it reads like your telling users to violate State law.

The law says you cannot steal. the consequences come after court! Its still unlawful! Same here law says Retailers can seek these funds. The court issues consequences for not paying. I guess both you are fine with rising costs to goods you buy, reduced benefits to those work retails meaning they seek medicaid etc your taxes pay for. Of course we have reduced hours as well to same workers (who did nothing wrong) now seeking unemployment and/or welfare. Again your tax dollars. So by all means dont pay let laws be ignored and innocents absorb cost

 

[mightymoose]

The law says retails "can" seek these funds lawfully! A Judge and Police officer have numerous times told users NOT to pay! Spin this anyway you wish it reads like your telling users to violate State law.

It isn't spin.
Retailers may demand money.
The people they make the demands to may also ignore them, or tell them no.
This is a matter of civil law, not criminal law for which there may be a penalty for failure to comply.
Until a judge in a civil court orders someone to pay there is no obligation to pay. The demand letter has no legal weight whatsoever.
There is this concept in the justice system called due process- perhaps you have heard of it.

The law says you cannot steal. the consequences come after court! Its still unlawful!

Here you speak of criminal law. You have a habit of conflating the two. The OP in this case and many others who come asking about civil demands are not accused of crimes.

Same here law says Retailers can seek these funds. The court issues consequences for not paying.

No court will penalize anyone for not paying the amount asked for in a civil demand letter. The letter is not a legal order of any kind. The court can penalize someone for failing to pay fines assessed by the court- AFTER suit is filed and the matter is heard by the court. Again- due process.

I guess both you are fine with rising costs to goods you buy, reduced benefits to those work retails meaning they seek medicaid etc your taxes pay for.

Let's not pretend that civil demand payments keep prices low or factor into wages and benefits.That is disingenuous.

Of course we have reduced hours as well to same workers (who did nothing wrong) now seeking unemployment and/or welfare. Again your tax dollars. So by all means dont pay let laws be ignored and innocents absorb cost

Again, disingenuous. Civil demand payments, more than anything, pay the attorneys. It has noting to do with an employee keeping a job.

Let's not forget that in the majority of these cases the store recovers the property and has no actual loss.