Shoplifting in Downtown Los Angeles Sephora, No File

Our client, age 22, was stopped by loss prevention officers as she attempted to walk out of the Sephora located at the Seventh Street Market Place near the corner of Figueroa and Seventh Street in downtown Los Angeles.

Loss prevention officers escorted our client to the rear offices in the store and asked her to open her purse.  When she did so, they then asked her to remove any items she had not paid for, which she did.  There were approximately seven items, totaling $350 in value.

The store then called the Los Angeles Police Department, which dispatched two officers to the store and issued our client a ticket.  The ticket included a “Promise to Appear,” which she signed in lieu of being arrested and taken to the police station.  She agreed to appear in the Metropolitan Courthouse at 1845 South Hill Street in Los Angeles.

The police officers then left and our client was free to leave the store.  She was then asked to sign an agreement to stay away from all Sephora stores or be considered trespassing if she were found in the store.  The client signed this document as well.

The client was confused as to what had just happened to her.  She had grown up in China and was in the United States on a student visa.  

She called Greg Hill & Associates and spoke with Greg.  She described what had happened and asked what would happen to her.  She wanted to know if she would be sentenced to jail and if so, for how long.  She wanted to know if she would have her student visa revoked and then be ordered to leave the U.S.

Greg told her she very likely would serve no time in jail and that her student visa would not be revoked.  He also told her that her case, if filed, would most likely be filed at the Clara Shortridge Foltz Criminal Courts Building (CCB) and not the Metropolitan Courthouse.  He also explained to her how the matter would most likely be handled by the Los Angeles City Attorney’s Office and that her case might be referred to the Neighborhood Justice Program or an office hearing, each of which he described.

The client mentioned she was due to return to China just before the arraignment and wanted to know what would happen if she was not at the arraignment.  Greg answered that she could hire an attorney to appear on her behalf, which would then prevent the judge from issuing a bench warrant.  If a bench warrant were pending when the client returned to the U.S. from China, she would be taken into custody when trying to pass through customs and then brought to court, which could be very disconcerting (and she might lose her luggage). 

Greg also recommended that the client enroll in and complete the “STOP Lifting” online shoplifting prevention program offered by Third Millennium.

Greg also told the client not to pay any loss prevention civil demand, usually for $450 or $475, which Sephora told our client would be mailed to her.  Greg explained that such a demand is often worded in a way that suggests payment will prevent a criminal case filing, but that this is misleading, as well as untrue, and payment may not even prevent a small claims (civil) filing.

Greg then explained that in such a case, what he would do is, once the client completed the “STOP Lifting” online program, write the Los Angeles City Attorney’s Office and recommend that no case be filed because the client had immediately enrolled in and completed the Third Millennium program, her youth and her immigration concerns.

The client then retained Greg Hill & Associates and immediately enrolled in and completed the Third Millennium “STOP Lifting” class.  She then emailed Greg her proof of completion of the class, a small certificate showing her name and the date she finished the class.

Greg then wrote the Los Angeles City Attorney’s Office, enclosing the client’s certificate of completion of the online shoplifting prevention class, and suggesting that no case be filed and that, instead, the case be referred to the Neighborhood Justice Program or an office hearing.

There was no response to the letter and a few days before the arraignment, the client left the United States for China.

Greg then appeared in the Clara Shortridge Foltz criminal courts building on the day of the arraignment.  No case was filed either in the Clara Shortridge Foltz criminal courts building or the Metropolitan Courthouse that morning and Greg checked with the Los Angeles City Attorney’s Office, as well as the court clerk’s office.  Greg then obtained a “Proof of Appearance” for the client, just in case a bench warrant were to be mistakenly issued, so she could produce this if stopped at customs to show she really had appeared in court, albeit through counsel.  

Greg also explained to the client not to celebrate quite yet, as often, days or weeks after the arraignment date, a case would be late-filed or the client would receive a letter advising that her case was referred to the Neighborhood Justice Program or an office hearing and what she needed to do to accept such a referral.

Nonetheless, the client was relieved that no case was filed on the arraignment date, which was certainly better than facing a criminal case and all the collateral consequences that could cause.