How to Press Charges Against Shoplifters

By eHow Legal Editor

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Shoplifting, the theft of merchandise from a retail store, is a serious crime because of how many people it affects. The annual shoplifting loss experienced by the retail industry averages $13 billion. Stores make up for this loss by charging all consumers higher prices. That's why business owners must press charges against the shoplifters who steal from them.

Instructions

Difficulty: Easy

Follow Proper Procedures So You Can Press Charges

Step1
Establish probable cause before detaining a shoplifting suspect. This includes noting the customer's approach, selection and concealment of an item from your store.
Step2
Maintain visual contact with the suspected shoplifter. Wait until he or she fails to pay and leaves the store before your confrontation.
Step3
Avoid chasing, using excessive force against or threatening the suspect in any way to minimize complaints against you or your business. If the rights of the accused are compromised, he or she can countersue.
Step4
Keep the suspected shoplifter safe and secure while in custody. Take him or her to a private office to avoid public humiliation or a possible confrontation.
Step5
Keep the stolen items and tag them as evidence.

Press Charges Against a Shoplifter

Step1
Call the local police and request they come and arrest a detained shoplifter. Be clear about your intent to press charges.
Step2
Identify your role in the situation when the police arrive. Introduce any other store officials who witnessed the shoplifting incident or are otherwise involved.
Step3
Complete a comprehensive report that provides specific details about the incident, including any comments the suspect made and the names and contact information of witnesses.
Step4
Comply with the police as they conduct their investigation. They will question both you and the accused shoplifter. Answer their questions completely and accurately, and supply them with any evidence (such as stolen goods or security videos) that supports your case.
Step5
Obtain the police report number. Every time the police respond to a call, they must file a police report. You will need this report number when you contact the authorities to follow up on the charges.
Step6
Turn to the National Association for Shoplifting Prevention for more detailed information on the process of catching shoplifters, pressing charges and preventing theft (see Resources below).

Tips & Warnings

  • Know that customer testimony is not considered reliable evidence in a shoplifting trial. You will need other kinds of evidence to support the shoplifting charges.
  • Know that you may be personally liable if the suspect claims you injured him or her in custody. Always have a partner present when you are with a suspect to avoid civil or criminal liability.
  • Make sure all the proper procedures are followed to ensure the accused cannot file a false arrest or false imprisonment claim against you.

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eHow Article:  How to Press Charges Against Shoplifters

eHow Legal Editor

eHow Legal Editor

Category: Legal

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