Court Room Drama

If you have never been in court before, it can be a very eye opening experience. There are similarities between TV courtroom proceedings and real life, but the overall experience is very different. If you are planning on prosecuting shoplifters or employees for theft, it is important to understand this step in the process.

Working within the court system is essential to ensure the employee or shoplifter has an official record of their wrongdoing. This criminal prosecution provides concrete evidence against an employee or shoplifter of their alleged acts. This record makes it easier for potential employers to understand an applicants past history, an indicator of their future reliability.

Here is how the process generally works. At the time of a shoplifter’s apprehension, or the completion of an employee theft interview, local law enforcement will be called in. This could be the city police, county police, or even the local sheriff’s department based on your individual store’s location and jurisdiction. If you have multiple locations, understand the jurisdiction might be different for each one. Specifically knowing which department to call ahead of time will simplify the process during an actual incident.

The responding law enforcement will ask a few questions from you. They will take a statement from both sides, and usually ask to see any video available. This is the initial opportunity to present your evidence against the suspect. This is not a time to hold back actual evidence you may have, or give unsubstantiated opinions as evidence.

Law enforcement will take the suspect into custody (if applicable) and file a police report. You may need to go down to their station to fill out additional paperwork depending upon the local protocol. From there papers will be filed with the court system. You should receive a subpoena stating the time, date and place of the court case for your suspect. Understand that it might take a few weeks to several months for this to happen. It is all based upon your local court’s current caseload.

During this downtime, you should ensure that you have created a case report with statements explaining each step of the shoplifting incident, any statements made by the suspect, any paper evidence, a detailed listing of merchandise stolen (size, style, UPC or SKU, color, quantity) photos taken of the suspect, their ID or the merchandise, employee ID, and any video evidence. This case report needs to be kept in a private, locked file cabinet or other place that eliminates contact or access by other employees. Any deviation may allow the defendant’s attorney to question the integrity of the chain of evidence and speculate that it has been tampered with.

When you are set to go to court on the specific time and date given, make sure you show up early and bring your case report with you. Law enforcement may have requested copies at the time of the arrest, but it is better for you to not rely on law enforcement to bring it with them. They have so many cases on a daily basis; they may not remember months later what they were given. It is your responsibility to prove the suspect guilty based upon your evidence. If you show up with nothing, the suspect may be found innocent. Bring the report and file with you.

When you show up, find the prosecuting attorney. They are the ones presenting the case on your behalf. Show them your file, your video, and answer their questions. They are not trying to pick your case apart; they just need to have a full understanding of what they can present to the defense attorney and the judge. Arriving early allows you enough time to best prepare your case with the attorney and have better end results.

While you cannot dictate that a suspect is charged with a specific crime (felony theft vs. misdemeanor theft) you are allowed to let the attorney know that the suspect is not to return to any of your store locations. If so, they will be charged with trespassing.

At this point the attorney will confer with the defense attorney. They will try to work out a plea bargain, which the suspect hopefully will take. They may not stick with the original charges, but a plea bargain will save you countless hours and trips back and forth to the courthouse for an actual trial.