Legal Question in Criminal Law in California

Shoplifting

I was at this very big mall shopping along with friends. Before I realised, I walked out of the store with a small item (size 5inch * 4 inch) for which I forgot to pay (Approximately $25). I realised this when I was out of the store. This was totally unintentional. I was lucky that I was not caught. I was so scared of going back to the store that I decided to leave the mall imeediately. I am now worried if they can find out by the surveillance camera. More than a month has passed since this incident occured. 1.Can I be arrested by the police based on the surveillance tapes? If yes, will I be straight away arrested or I will get some notice to pay-up the amount?

2. Since there is no witness and there was never any intention to steal ( Iam well employed with decent salary), can these tapes alone be admitted in the court of law as evidence. Do courts accept these as evidence?

3. I am more than willing to return the item to the store or pay-up the amount. Should I straight away walk into the store and payup the amount at customer service or should I appoint an attorney for this.I dont wont to get into any mess for being honest.

4. If I am prosecuted, what will be the likely penalty? Will the store b willing to settle for some money


Asked on 5/12/04, 12:26 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Shoplifting

Take it back to the store with explanation that you discovered it had been taken unintentionally. They should be happy to get it back from an honest person.

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Answered on 5/12/04, 2:04 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Shoplifting

Send them the item back, anonymously, with no explanation. If you can afford $100 or so, have an attorney do it.

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Answered on 5/12/04, 2:38 pm


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