Legal Question in Criminal Law in California

WalMart may be the biggest retailer in the world, but they do not own the court system. They cannot impose fines or issue warrants for your arrest.

Only the District Attorney can file a criminal case or request a warrant for your arrest. If the store sent its information to the DA, the DA might review it and decide to file criminal charges; however, the DA is usually more likely to file charges when the police are called.

In a misdemeanor shoplifting case, charges must be filed within one year of the incident. You can check with the clerk of the court in the county where the store is located to see if there are any charges filed against you. In many counties, the court has a website where you can check.

Many stores (or their lawyers) send "civil demand letters" to suspected shoplifters, demanding hundreds of dollars, even when the item stolen is only worth a few dollars. This has nothing to do with the criminal case and they will usually go away if you ignore them. As far as I can tell, there has NEVER been a lawsuit filed under Penal Code 490.5, which allows them to sue you in small claims court.

Of course, if you get a letter from the District Attorney or the court, saying you have been charged and have a court date, you'd better show up or the judge will issue a warrant for your arrest.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

The only way you'll get the facts is to go to the local court and have them check your record to see if charges were ever filed in court. Then, deal with them if so.

I write separately to state that I agree with Mr. Marshall's statement. I also agree with Mr. Nelson, to the extent that if there is something you are not telling us, charges may have been filed and you may have been a "no show."