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

Customer Question
Does Wal-Mart prosecute two...

Does Wal-Mart prosecute two to three months later ?

Lawyer's Assistant: In what state did this occur?

In Kentucky just a few mins ago

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well wall Mart gave me a civil penalty recovery paper telling me i had to pay this civil fine

Submitted: 3 months ago.Category: Criminal Law
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Answered in 5 minutes by:
11/19/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,161
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months 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.

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Customer reply replied 3 months 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 3 months 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 3 months 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.

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Customer reply replied 3 months 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 3 months ago
Are you a Kentucky criminal lawyer?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months 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.

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