Can You Get Arrested For Shoplifting After The Fact? (2024)

Hypothetically, you enter a store, steal a few items, and you exit the store without being caught. Can you still be arrested for shoplifting afterward?The quick answer is, yes!

Shoplifting Situations

In many cases, a place of business will wait until the shoplifter has left the front door(s) before approaching them. This proves to employees that the shoplifter had the intent to steal and went through with the action of stealing. If someone were to pick up an item and conceal it, but then pay for it prior to exiting the store, this would not be stealing. Instead, this would be a questionable shopping practice that is frowned upon by business owners.

Another situation would be when someone conceals a product with the intent to steal, but loses confidence, and puts the item back before exiting the store. Although they may have had intent to steal, the act of stealing did not occur. Employees have to be very careful when approaching a suspected shoplifter because wrongfully accusing someone of a crime can be an awkward encounter for the employee and the individual.

When you are checking out of a store be sure to check the cart both in and under to make sure all items have been put on the counter for purchase. It is an honest mistake to forget an item on the bottom of the cart, however, many businesses will still prosecute you for shoplifting even if it’s an honest mistake and you offer to pay for the item.

Leaving the Store Without Being Caught

Even if you successfully shoplift and exit the store without being caught, you can still be arrested. When there is missing inventory or if something distinctive is gone from the shelves, businesses may review security footage. When they find the clip of footage showing when the theft took place they will call it into the authorities. Then, the police may develop still images from the video and send out a mass announcement asking for help and “do you recognize this person?” Once sufficient evidence has been collected, police can take action.

Social Media to the Rescue

More often businesses are leveraging the power of social media to nab shoplifters. Posting the video or image of a shoplifter to social media accounts has lead to a number of convictions. You would be surprised at who sometimes drops a dime on their ex-spouse, err, on the thief.

Facial Recognition Technology for Shoplifting

If a store feels like they see someone suspicious or they recognize the person from previous situations where there was trouble, they may take the time to look at their security footage. If they find there was theft, they could use facial recognition software to identify the person in the video. It is also common for stores to share information about shoplifters by sharing pictures and identities of known thieves.

Charges For Shoplifting in Minnesota

A petty theft misdemeanor, the lowest level of theft in Minnesota, occurs when the value of the property taken is less than $500. This is punishable by a fine of up to $1,000 and up to 90 days in jail.

Other Theft Penalties

  • Property valued from $500 to $1,000, could face a fine up to $3,000 and one year in jail.

  • Property valued from $1,000 to $5,000, could face a fine up to $10,000 and five years in jail.

  • Property valued more than $5,000, could face a fine up to $20,000 and ten years in jail.

  • Property valued more than $35,000, you could face a fine up to $100,000 and up to 20 years in jail.

The statute of limitations for a misdemeanor in Minnesota is three years. If a store has recorded proof of someone taking an item, has identified them on surveillance video, and has their name, they bring charges weeks, months, and up to three years later for a crime that was previously committed.

Worried About Punishment? Talk with a Lawyer

If you feel that you may be or are being charged with a theft crime, call a criminal defense lawyer immediately. An experienced attorney has handled hundreds of shoplifting cases and is able to strategically negotiate to get the charges reduced or dismissed. Schedule a free consultation today to discuss your case.

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Can You Get Arrested For Shoplifting After The Fact? (2024)

FAQs

Do stores keep track of shoplifters? ›

While there is no specific data about how many retailers are using the radio frequency identification, or RFID, technology to track shoplifters, an estimated 15 percent of retailers have adopted it, according to retail security experts.

Is it OK to shoplift once? ›

What happens when I get caught shoplifting for the first time in California? If you are caught shoplifting, you face a misdemeanor charge. Shoplifting is punishable by: custody in county jail (as opposed to state prison) for up to six months, and/or.

What happens if you get caught shoplifting and they let you go Walmart? ›

They have a zero-tolerance policy. If you are stealing and caught, you have a chance to be banned from the store. In some cases, you will be banned for a day and other cases you can be banned for life. While Walmart is a large chain store, you are likely going to be able to enter another Walmart without a problem.

What happens if you run away after shoplifting? ›

If you are in California you are home free. They no longer arrest shoplifters. If they can be identify you the store could ban you. You would be guilty of trespassing if you return.

What should you not do when shoplifting? ›

Things to Avoid Doing When Accused of Shoplifting
  1. Don't attempt to pay for the item after the fact. ...
  2. Don't provide any personal information to store employees. ...
  3. Don't make any statements to store employees, managers, or security guards. ...
  4. Don't sign any documents at the store.

Can stores chase you for stealing? ›

Under California law, the “shopkeeper's privilege law” says that shopkeepers, or store owners or merchants, may detain a customer if they have probable cause / reasonable grounds to believe that the shopper is guilty of shoplifting (per Penal Code 459.5).

Can you get caught shoplifting after you've left the shop? ›

Even if you successfully shoplift and exit the store without being caught, you can still be arrested. When there is missing inventory or if something distinctive is gone from the shelves, businesses may review security footage.

What happens if you shoplift something small? ›

Penalties for Shoplifting

As we mentioned earlier, shoplifting is usually a misdemeanor with possible penalties of: Misdemeanor probation. Up to six months in county jail, and/or. A fine of up to $1,000.

What should I do if I accidentally stole something? ›

I would ask to speak to the manager and tell them what happened and return it. I will say this: the personal shoppers and store security will watch you for months. They don't ever expect anybody to be honest since most people lie and steal.

How long does Walmart investigation take? ›

If Walmart files a response within 30 to 45 days, you will move on to the discovery phase of the lawsuit. The discovery process, also known as the pre-trial process, can take a year or more.

Does Walmart have facial recognition? ›

"In addition, Walmart uses software provided by Clearview AI, Inc. to match facial scans taken in its Illinois stores with billions of facial scans maintained within Clearview's massive facial recognition database."

How much is stolen from Walmart each year? ›

“If that's not corrected over time, prices will be higher and/or stores will close,” he told CNBC. According to a 2015 Reuters report, Walmart loses $3 billion per year in U.S. revenue to theft by customers and employees.

How long does a shoplifting record last? ›

After you have been convicted of shoplifting the charge, the conviction, fingerprints, and any other documentation surrounding the case will remain on your criminal record permanently. That means all of the information regarding the shoplifting is viewable to anyone who requests a criminal record check.

What percent of shoplifters get caught? ›

A good moment to stop shoplifters is as they leave the department or the store. However, only 5 to 10 percent of shoplifters are caught. Of those caught, only some are reported to the police and fewer are sentenced (usually to a fine).

What is the most stolen item in a grocery store? ›

According to a study of retailers around the world, cheese is the most stolen food in grocery stores, trumping other high-theft items like meat, chocolate, alcohol, seafood and baby formula. In fact, 4 percent of cheese on store shelves ends up stolen.

What is the number 1 stolen item in America? ›

Cash is always on the top of burglars' wish list. Unlike other most commonly stolen items that need to be resold in pawn shops or on the street, cash can be used directly and quickly without any conspicuous. They even don't need to withdraw the money in an ATM machine.

How do police deal with shoplifters? ›

Ultimately, a person caught shoplifting may be arrested and put on trial. A shoplifting conviction will result in a criminal record and a sentence. A police caution may be given as an alternative to prosecution. If accepted, this caution still comes with a criminal record.

What are the two types of shoplifters? ›

Shoplifters come from all walks of life. Basically, however, they fall into two broad categories: ordinary customers and professionals who steal for a living. The amateur steals on impulse. His most important motive is a simple desire for the item itself.

Why can't security stop shoplifters? ›

Because state law holds that stealing merchandise worth $950 or less is just a misdemeanor, which means that law enforcement probably won't bother to investigate, and if they do, prosecutors will let it go.

What to prove in stealing? ›

To constitute stealing, the taking must be fraudulent and with the intention to deprive the person his permanent ownership of the thing.

How do shops know if something is stolen? ›

When an item is scanned they can tell from the barcode what it is - ie, red gloves. They know how many red gloves they sent to that store and how many get sold. Therefore the outstanding amount has been stolen.

How do stores build cases on shoplifters? ›

Footage from store surveillance cameras is used to search for repeat offenders. Employees are charged with watching footage each day to flag instances of theft from the store. All transaction records at checkouts are also carefully checked and stored.

Is it stealing if you give it back? ›

Most of the time, even if you return a stolen object, you could still face theft charges. But it all depends on what you want. As was previously mentioned, the prosecution must demonstrate that you had the intent to permanently rob the owner of the property when you took it in order to convict you of theft.

What happens if a 14 year old gets caught shoplifting? ›

What happens to young people who shoplift? under 18s may be given a reprimand or a final warning.

What happens if you don't scan something at self checkout? ›

Store employees might interpret a customer's honest mistake as an attempt to steal property. As a result, someone who accidentally forgot to scan an item could end up facing arrest for shoplifting. In some cases, especially those involving repeated thefts, shoplifters may receive felony charges.

Can you go to jail for buying stolen goods without knowing? ›

It is a crime and is punishable by law - so too is the receiving of such suspected stolen goods.

How do you defend yourself when accused of stealing? ›

5 Steps To Take if You're Wrongfully Accused of Theft
  1. Step 1: Remain Calm. You may already be panicking, but try to stay calm. ...
  2. Step 2: Look for Evidence. ...
  3. Step 3: Understand Your Rights. ...
  4. Step 4: Don't Talk. ...
  5. Step 5: Work With a Lawyer.
Sep 7, 2021

Can Walmart track you down? ›

Walmart uses a number of methods to track shoplifting. One of the most effective is security cameras. Walmart has both manned and unmanned security cameras positioned throughout its stores. These cameras are monitored by loss prevention associates who look for suspicious activity.

How does Walmart deal with thieves? ›

The security team at Walmart doesn't have much authority when dealing with suspected shoplifters. They're allowed to keep you from leaving the property, but can only detain you for a “reasonable” amount of time. You can ask for a lawyer at any time.

Does Walmart have the right to detain you? ›

Can Walmart detain you in-store? Yes, Walmart can detain you in-store if they suspect you of theft. However, they must present enough proof and can only detain you until the police arrive.

How do stores know if someone stole? ›

You asked, “How would a store know if I stole something from them, assuming I already left the store?” Most stores these days have high definition SECURITY CAMERAS filming all day long, and the larger stores have 'theft prevention' employees dedicated to watching those films (or suspicious customers).

Can stores detect stolen items? ›

They will recognize frequent shoplifters, and they are trained to recognize potential shoplifters. And every supermarket has cameras. So they will see you. And if they don't catch shoplifters the first time, they will catch them eventually.

How often do most shoplifters report being caught? ›

A good moment to stop shoplifters is as they leave the department or the store. However, only 5 to 10 percent of shoplifters are caught.

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