Shoplifting, Larceny, Robbery, Theft Police Called - Arrest or Not

[lentzr]

I have several questions that I cannot seem to figure out based on this forum. I can read about cases in which shoplifters are caught...some are written up while others are actually arrested. Why do some people get taken downtown and others not? Is it up to the officer? Isn't there a law in most states that says no one can be arrested without the officer witnessing the crime if the crime is a misdemeaner???

Secondly, I have heard of people running out of stores...If A license plate is written down, will the police usually show up at that person's home to arrest them?

Third, why do some people get written up by LP while others call the police?

I simply cannot find these answers since there is no clearly defined policies online. I am just wondering because I know people who meet different fates when shoplifting when they were younger. I just want to know why.

 

[thelawjournal]

I have several questions that I cannot seem to figure out based on this forum. I can read about cases in which shoplifters are caught...some are written up while others are actually arrested. Why do some people get taken downtown and others not? Is it up to the officer? Isn't there a law in most states that says no one can be arrested without the officer witnessing the crime if the crime is a misdemeaner???

Theres no simple answer. First off to clear things up there is always an arrest. The arrest is done by the store. Its a citizen's arrest. Police do not arrest for misdemeanors not comitted in their presence. Getting a citation or going to Police staton can vary for number of reasons. Here are two

. Degree of theft
. Whether subject has ID or not

Secondly, I have heard of people running out of stores...If A license plate is written down, will the police usually show up at that person's home to arrest them?

If store files charges Police can show up at your home, work, school etc. They can also send a letter or call you asking you to come in and surrender

Third, why do some people get written up by LP while others call the police?

That is matter of store policy. Example some stores only press charges for theft over certain dollar value

I hope this helps. If you have further questions please ask

 

[lentzr]

Thanks for your response. So are you saying that the police will only book for felony shoplifters? Or is there a specific dollar amount in each state?

Secondly, is having no ID a cause for the police to book someone?

Otherwise, I guess you answered the rest of my questions. It all depends on store and jurisdiction.

 

[thelawjournal]

You misread. You were arrested and apparently charged. I said Police cannot arrest for misdemeanor not commitd in their presence not that you werent charged. The store arrested you and filed charges with Police. This is no different than if Police has seen you steal and stopped you

 

[lentzr]

First of all, I never said "I" did the shoplifting. I have been around a number of people who have. I haven't been caught but I will not say whether I have ever shoplifted or not (though I definelty do not now) That is why I am so interested in the topic

Secondly, I have another question...reading the postings on here it looks like Virginia is tough on shoplifters...Do all shoplifters in Virginia spend two days in jail minimum? Is Virginia one of those states in which a felony cannot be reduced to a misdemeanor? Why is Virginia so tough on shoplifters? Also, which states share Virginia's tough policy?

 

[Guest]

Is this a homework assignment?

 

[NormanJr]

. Why do some people get taken downtown and others not?

Company policy. Some are 100% prosecution, others leave it up to LP discretion. I would say most stores will always prosecute for felony amount and most for misdemeanor. If you steal, you should face the consequences.

it up to the officer?

Most of the times, the company has dollar limits and policies on prosecution to ensure consistency.

there a law in most states that says no one can be arrested without the officer witnessing the crime if the crime is a misdemeaner???

Ehh...you may have your information wrong. In MD/VA you can be taken to jail for any theft offense whether or not the officer witnessed it.

I have heard of people running out of stores...If A license plate is written down, will the police usually show up at that person's home to arrest them?

Depends on the agency. Some pursue these matters, others turn them over to detectives and some even put them on the news for local help. I can guarantee that the store where this happened will put out a BOLO with the picture and all pertinent information so that if you are caught at another retailer, or even the same chain, you can be prosecuted.