Legal Question in Criminal Law in California

Re: Shoplifting ?

There is no requirement that one be arrested for any offense. When the police encounter someone who has broken the law, they usually have three options: Arrest the person, issue a citation (like a traffic ticket) for them to come to court or turn over the reports and paperwork to the DA and then let the DA send a letter telling the person they have a court date. If someone gets a letter from the DA, the best thing to do is contact an attorney immediately.

Re: Shoplifting ?

The officer not only does not have to arrest under the facts you describe, but actually can't as the misdemeanor was not commited in their presence and there is no citizen arrest...Officer can prepare reports for the DA to decide what, and if to file. Usually on misdemeanors DA sends out an apppearance letter, hire counsel ASAP to be ready

DJM