Caught Shoplifting at Target?

If Target loss prevention stopped you today, you’re probably asking yourself the same questions almost every client asks me.

• Am I going to jail?
• Is this considered an arrest?
• Should I have talked to loss prevention?
• Do I have to pay the civil demand letter?
• Can this stay off my record?

Take a breath.

One thing I’ve noticed after handling these cases is that almost everyone assumes the worst immediately after they’re detained. In reality, many first-time shoplifting cases have more options than people realize.

This article explains what usually happens after you’re stopped by Target loss prevention, what the civil demand letter means, and what issues matter most moving forward.

Can This Stay Off My Record?

This is probably the question I get asked more than any other.

The lawyer’s answer is, it depends. There are many factors that go into whether a shoplifting case can ultimately be kept off your record. Things like the value of the merchandise, your criminal history, the strength of the evidence, and the county where the case is filed can all make a difference.

That being said, I can also tell you this. If this is your first offense and your case is in Orange County, Based on my experience, I’m generally optimistic about your chances.Over the years, I’ve represented many first-time clients who were caught red-handed, and we’ve still been able to obtain favorable resolutions that kept a conviction off their record. Every case is different, but don’t assume that getting caught automatically means you’ll end up with a permanent criminal record.

Target Has One of the Most Sophisticated Loss Prevention Systems

One thing many people don’t realize is that Target has invested heavily in surveillance technology and organized loss prevention. In many cases, security personnel begin documenting what they believe is suspicious activity long before someone reaches the exit.

I’ve also seen situations where investigators compare incidents from different Target stores, review surveillance from previous visits, and build a much larger picture than someone initially expects.

That’s one reason I always want to review the evidence before making assumptions about the strength of the case.

How Do I Know If Target Is Building a Shoplifting Case Against Me?

One warning sign is that Target loss prevention begins asking about previous visits or other items they believe were taken.

They may say things such as, “Have you done this before?” or “We already know what you took.” The purpose may be to get you to admit to conduct that occurred on earlier dates.

Target has sophisticated surveillance and transaction records. Loss prevention may compare video footage with credit-card purchases, loyalty information, or previous store visits. They may then identify other incidents and attempt to combine them into a larger case.

You should be very careful about answering questions designed to expand one incident into several alleged thefts.

Can Target Press Charges After I Have Already Left the Store?

Yes. Leaving the store does not prevent a later investigation or criminal case.

If Target later reviews its surveillance footage and believes it can identify you, loss prevention may preserve the video and send a report to law enforcement. Police may then contact you, send you a letter, or refer the matter to the prosecutor.

Whether the case can be proven is a separate question. The prosecution still needs evidence connecting you to the incident and establishing that you intended to steal the merchandise.

I Was Caught Shoplifting at Target, but the Police Were Not Called. Can I Still Be Charged Later?

Yes. You can still be charged even if the police did not come to the store that day.

Target loss prevention may identify you, prepare a report, preserve surveillance footage, and forward the information to the police. Because officers are often busy, the store may release a person rather than waiting several hours for an officer to arrive.

The police may investigate later, and the prosecutor may file a case afterward. You could receive a citation, letter, or court notice in the mail. That is why it is important to watch your mailbox and keep your address current.

Not Every Unpaid Item Is Automatically Shoplifting

One of the biggest misconceptions people have is that leaving Target with an unpaid item automatically means they’ve committed shoplifting. Under California law, the prosecution generally has to prove more than the fact that an item wasn’t paid for. They also have to prove the required criminal intent.

I’ve seen many different situations over the years. Self-checkout is one of the biggest sources of confusion. Someone forgets the case of water underneath the shopping cart, scans the wrong barcode, accidentally skips an item, or tries to fix a double scan and creates even more confusion. Add children grabbing snacks or toys, a cell phone ringing, multiple items being scanned at once, or one spouse honestly believing the other already paid, and it’s easy to see how mistakes can happen.

That doesn’t mean every one of these situations results in a dismissal, and it certainly doesn’t mean someone is automatically innocent. Every case turns on its own facts. That’s why one of the first things I usually want to review is the surveillance video, the receipts, the register records, and the sequence of events. In many shoplifting cases, the real issue isn’t simply whether merchandise left the store unpaid—it’s whether the prosecution can prove beyond a reasonable doubt that the person intended to steal it.

One Mistake I See Over and Over

One mistake I see repeatedly is people believing that if they pay Target’s civil demand letter, the criminal case simply goes away. Unfortunately, that’s not how it works.

The civil demand and the criminal case are two completely separate matters. Paying the civil demand may resolve the store’s civil claim, but it does not dismiss the criminal case or prevent the prosecutor from filing charges.

I’ve also seen people make an even bigger mistake. They pay the civil demand, assume everything is over, and then ignore the paperwork they later receive from the court. Before they know it, they’ve missed their court date and a bench warrant has been issued for their arrest. That’s a completely avoidable problem.

If you receive a civil demand letter, don’t assume your legal obligations are over. Make sure you also pay close attention to any court paperwork or citation you received, because those deadlines are just as important.

I Received a Target Civil Demand Letter. Does That Mean I Have a Criminal Case?

Not necessarily. A civil demand letter and a criminal prosecution are two separate matters.

The civil demand normally comes from Target or a company representing Target. It seeks money under California’s civil shoplifting laws. The criminal case, however, is handled by law enforcement and the prosecutor.

Paying the civil demand does not automatically make a criminal case go away. It also does not guarantee that criminal charges will be filed. If you receive one of these letters, understand what it is before assuming that payment will resolve everything.

How Long Does It Take for Target to Press Shoplifting Charges?

Target does not actually file criminal charges. Target loss prevention submits its information to the police, and the district attorney ultimately decides whether to file a case.

If the alleged shoplifting is treated as a misdemeanor, the prosecution generally has one year from the date of the incident to begin the case. That does not mean it will take an entire year. A citation or notice could arrive within days, weeks, or months.

Different deadlines may apply if the allegations support a felony or involve unusual circumstances. The important point is that leaving Target without receiving a citation does not necessarily mean the matter is over.

Will Police Come to My House After a Target Shoplifting Incident?

They might. If Target did not identify you inside the store, loss prevention may use surveillance footage, a license plate, payment information, or an account connected to the transaction to help identify you.

Police may compare the registered owner’s DMV photograph with the surveillance video. An officer could then visit the address, leave a business card, or attempt to ask questions about what happened.

If an officer contacts you, remember that the officer may be trying to establish your identity and obtain admissions. You do not have to answer questions simply because the officer comes to your house.

Can Target Combine Several Alleged Shoplifting Incidents Into One Case?

Potentially, yes. Target may review older surveillance and transaction records after stopping someone and then report several alleged incidents to law enforcement.

California law now permits the value of merchandise from multiple acts of theft or shoplifting to be aggregated into a single count or charge. Related acts may also be combined when determining whether the total exceeds the $950 threshold for grand theft.

That does not mean Target can simply make a vague accusation about missing merchandise. The prosecution still needs evidence connecting the person to each alleged incident.

What Does It Mean If Target Gave Me a Citation and Let Me Leave?

Target itself does not issue a criminal citation. Target loss prevention calls law enforcement, and a police officer may issue the citation.

The citation normally contains a date and location for your first court appearance. That appearance is called the arraignment. This is where you are told what charges were filed and enter a plea.

Being released with a citation does not mean the allegation is insignificant or that the case has already been resolved. It means the officer released you on a promise to appear instead of taking you to jail.

What If I Accidentally Failed to Scan an Item at Target?

An accidental failure to scan an item is not automatically shoplifting. Shoplifting requires intent. The issue is whether you intended to take the merchandise without paying for it.

Loss prevention will look at the surrounding circumstances. Was the item concealed? Did you cover it with other merchandise? Did you scan everything else? Did the machine malfunction? What did you do after realizing the item had not been scanned?

A missed scan can look suspicious, but suspicious conduct is not necessarily proof of criminal intent. These cases are very fact-specific.

Frequently Ask Questions

If you’ve been stopped by Target loss prevention or already received a citation, don’t assume that getting caught means your case is hopeless. Every case is different, and one of the first things I want to review is the surveillance video, your statements, the receipts, and the sequence of events before giving you advice.

Related Articles:

• Caught Shoplifting? Here’s What to Do Next
• How a Criminal Defense Attorney Can Help with First-Time Shoplifting Charges
• Case Dismissal for Multiple Shoplifting in Orange County