Does Wal-Mart File Criminal Charges for Shoplifting?

The answer is: sometimes. While Wal-Mart doesn’t release official statistics, it’s widely known that the company detains thousands of suspected shoplifters every year.

In Nevada, the decision to press criminal charges usually depends on:

• The value of the items stolen
• Whether or not police were called and issued a citation
• If this is your first offense or part of a repeat pattern

Under Las Vegas Metro’s policy, shoplifting (a misdemeanor) typically must occur in the presence of a police officer to be charged. However, store security can act as the complaining witness by signing a citizen’s complaint, especially if they witnessed the incident firsthand and called the police.

If you were not detained until police arrived, it’s unlikely that misdemeanor charges will be filed after the fact—but not impossible.

What About the Civil Fine Letters?

After being detained, many people receive a civil demand letter from Wal-Mart or a third-party law firm asking for $150 to $1,000 in damages—even if the merchandise was recovered or the value was small.

This is legal under NRS 597.860, which permits retailers to seek:

• A civil penalty between $100 and $250
• Plus the value of unrecovered merchandise

Important:
These letters are not criminal charges, and you won’t go to jail for ignoring them. However, if Wal-Mart chooses to pursue the civil penalty, they must file a civil case in Justice Court in the township where the alleged theft occurred.

In many cases, these letters are sent out in hopes that people will pay voluntarily—without legal action ever being taken.

Bottom Line

• If police were not involved, criminal charges are unlikely but still possible.
• If you’ve received a civil demand letter, you are not legally required to pay it unless a court orders you to.
• Wal-Mart is not a government agency—they can’t jail you, prosecute you, or create their own laws.

If you’ve been accused of shoplifting in Las Vegas or anywhere in Clark County, don’t panic—but don’t ignore the situation either. An experienced criminal defense attorney can advise you on the best steps to protect your rights and avoid costly mistakes.

Contact Pandullo Law today for a free consultation if you have questions about shoplifting accusations, civil penalties, or any related criminal defense matter.