Legal Question in Criminal Law in California

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I have some questions regarding an incident that happened to me about 3 1/2 weeks ago at a Ross Dress for Less in Southern California. I have been a long time customer of Ross Dress for Less. Over the past few months I have had an issue with Tag Switching. I never meant for anything bad to happen, it was something that just escalated. I guess I thought that as long as I was paying for the items, it didn't matter the price. I know I was wrong and it is considered a crime. On the day in question, I went to a Ross Dress for Less that I don't normally shop at with my young son. Normally there are another couple of Ross stores that I shop at. I saw a couple dresses that I liked I went to try them on and yes I ended up trading tags. I went to the register and by the time I got to the register to pay, I knew something was up. I paid for the items and left the store, when I was going back to my car a Loss Prevention Officer came out and I knew what it was about. He took me back into the store followed by two other Security Guards. They took me to a back room with my son, they talked to me and basically told me that I could be charged with Shoplifting and Child Endangerment. I broke down into tears, I was so ashamed. I think they ran a background check on me while I was sitting there, I was there a while. The one Security Guard told me that they didn't want to get the Police involved, that they were going to cut me a break. They had me sign a piece of paper that said that they might pursue civil actions. Also that I was not allowed in any Ross store for 6 months. They told me that I would recieve a letter in the mail for a fine. They told me the fine would range from $50.00-$1,000.00 it would be like a Traffic Ticket and that if I didn't pay it and decided to ignore it, a warrant for my arrest would be issued. The paper that I signed had my information on it, address and DL number. They also have my correct phone number. But what I forgot was that my address on my DL (which is correct) has a different Apartment number than I have now. I have notified my mailman that I am expecting a letter with my name on it but that the Apartment listed on it was my old one. I am keeping a diligent eye on the mail. Well it's been almost a month and I have not recieved anything in the mail. I don't know what to do. I don't how to contact anyone about it, but I don't want to keep waiting and have something bad happen. They do have my correct phone number, I am hoping that if they need to get into touch with me they would call me. Does it just take a while to get a letter for the fine? Did they decided not to press it and just keep me away from the store? What is your advice on the matter? I know I brought this on myself and I am deeply ashamed of my actions. I just want to know what I should do.


Asked on 3/20/10, 4:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The store can demand you pay money to them for their costs, in any amount they chose. You don't have to pay. Whether you do or not, you still risk the store filing criminal charges; many do so as a policy to deter shoplifting, even after collecting your money. If you have not received notice from a court of criminal charges, you may never. There is no way of predicting with certainty. If you haven't, it may still be possible to have an attorney negotiate a 'civil' compromise written agreement that would prevent the store from filing charges, in exchange for you paying an agreed amount for their 'costs'. The store can not make that offer, you must. If serious about hiring counsel to help you in this, feel free to contact me.

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Answered on 3/25/10, 5:31 pm


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