Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Does Wal-Mart prosecute two to three months later? In

Customer Question
Does Wal-Mart prosecute two to...
Does Wal-Mart prosecute two to three months later ?
JA: In what state did this occur?
Customer: In Kentucky just a few mins ago
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well wall Mart gave me a civil penalty recovery paper telling me i had to pay this civil fine
Submitted: 24 days ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
11/19/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,360
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago

The statute of limitations on a misdemeanor in Kentucky is one year from the incident. So if Wal-Mart wanted to prosecute you, they still could. You won't be officially out of the woods until the year runs out.

Whether they will or not is at the discretion of the store management. If the police were not involved and you only dealt with the store's loss prevention personnel and if they banned you from the store and gave you a civil penalty recovery paper, they usually won't bother prosecuting as well and would probably have done it by now if they were interested in that. But as I have said, they still could for the next ten months, even though the longer the time that passes where nothing along those lines happen, the better the chances that nothing ever will.

Ask Your Own Criminal Law Question
Customer reply replied 24 days ago
I wasn't caught stealing i was checking out and I guess some of the items didn't scan and when I went to leave two loss proventions officers came out and dragged me into a room and started threatening to call the police if I didnt tell them what i did and all i said was I just checked out dang... Then they made me fill out two papers and then they took my photo and went through all my items which most like 95 percent of everything was paid for. Then they let me go but before they did they told me I'd receive a letter in 6-8 weeks to pay a civil penalty. And then they said I would be prosecuted 2-3 months later and a sheriff will serve me with a summons to appear in court
Customer reply replied 24 days ago
Also what if there is no video footage but they have the product that I never took and went through my bags and most everything i scanned was paid for. I told them those self checkouts don't always scan everything.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago

If they told you that you can expect a summons to appear in criminal court, then you should expect a summons.

Not everything was paid for. That gives them a reasonable belief that you may have been trying to steal the items that weren't paid for. That's all they need to charge you with the crime.

In order to find you guilty, they have to prove you intended not to pay for those items beyond a reasonable doubt, which requires a great deal more evidence. If you want to fight the case, your lawyer can try to defend the case on the grounds that the scanner does occasionally miss an item. Typically, however, on a first arrest, which this probably is, there are special programs for first time shoplifters whereby you get supervised, pay fines and do some community service and stay out o further difficulty with the law. Then if you do all that successfully, the case against you gets dismissed so that you don't have a conviction on your record.

Ask Your Own Criminal Law Question
Customer reply replied 24 days ago
they don't just say that to scare someone? So i have to pay a civil penalty And may get prosecuted months later?
Customer reply replied 24 days ago
Are you a Kentucky criminal lawyer?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago

You cannot count on Walmart just trying to scare you. It's entirely possible that they will prosecute. Walmart is notoriously pretty unforgiving in this area because they are a huge retail chain and they lose a great deal of money to shoplifters.

Yes, a merchant can impose a civil penalty because the law gives him the right to impose a hefty fine to help merchants defray the cost of their surveillance system, theft insurance, security guards and their loss prevention department. The criminal court, on the other hand, is designed to punish the wrongdoer for the crime. A merchant does not have to choose between whether to go forward with a civil or a criminal remedy. They are entitled to proceed both ways. Walmart likes doing both because it feels it is a deterrent.

No, I am not a Kentucky lawyer, but I am a criminal defense lawyer and can read and understand the laws of other states.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,360
28,360 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,187 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,057 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,857 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,629 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I got court papers for 2 counts of theft. But one count I
I got court papers for 2 counts of theft. But one count I have proof the vehicle is mine and the other I bought but never got a bill of sale even after asking. And first is pending and the other is I … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,740 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
If a person is charged with 40$ theft, charges are pressed
charges are pressed the person agreed to his mistakes texas … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,360 satisfied customers
I was arrested for a misdemeanor theft/ shoplifting, I do
I was arrested for a misdemeanor theft/ shoplifting, I do not recall being read my miranda rights , do you think I would have a case to get it thrown out.. Also noticed on some of my paperwork that th… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,496 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,496 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,740 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,740 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,360 satisfied customers
12 years ago i received an A misdemeanor for theft but only
12 years ago i received an A misdemeanor for theft but only last year i found that the court house had me filed as a felony for 12 years!!! i never understood why i was rejected from fire departments … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,580 satisfied customers
I was tried in a criminal case in 2011 for grand theft from
I was tried in a criminal case in 2011 for grand theft from my employer. My adjudication was withheld, I served 1 year in. Work release I am paying restitution and I am on probation. The company I wor… read more
Expert James
Expert James
Doctoral Degree
11,598 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,360 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,360 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x