Walk It Through: The Shoplifting Charge
A store's loss prevention, an arrest by a private person, the charge, and a withheld judgment.
A store employee stops a shopper who walked out with a jacket unpaid.
Two things a person in this spot might do. Picking one shows what the law says about it.
One first offense. The store's civil demand letter, a second theft, grand theft and juvenile shoplifting are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- ArrestTaking a person into custody as the law allows, by a peace officer or a private person.
- FelonyA crime punishable by death or by imprisonment in the state prison. Unless a section sets another punishment, it carries up to five years, a fine of up to $50,000, or both.
- MagistrateThe judicial officer before whom a person arrested without a warrant is taken without unnecessary delay, with a complaint stating the charge.
- Search warrantA written order in the state's name, signed by a magistrate, judge or justice, directing an officer to search for and seize property. It must be executed and returned within fourteen days of its date.
- MisdemeanorAny crime that is not a felony. Unless a section sets another punishment, it carries up to six months in county jail, a fine of up to $1,000, or both.
- Public recordA record of the state or a local agency, which every person may examine and copy and which is presumed open unless a statute expressly says otherwise.
- Withheld judgmentA disposition in which the court does not enter judgment on a guilty plea or verdict. A defendant who completes probation without a violation may apply to have the plea set aside and the case dismissed, which restores civil rights.