Arrest Procedure: Detaining a Juvenile for Shoplifting

mardi 6 janvier 2015

My question involves criminal law for the state of: California



Hello.

I have a question regarding a shoplifting offense committed by a juvenile. This juvenile was detained in a retail store for about an hour. During this hour, they were told to sign some forms, fill out personal information, and they also had their fingerprints taken. The police were called but only to check if the juvenile had any priors. Once they called back and said they were clear, the juvenile was released. They were told that they would receive something in the mail for payment (civil demand) as well as a court date if their lawyers decided to press charges. (Or something similar to that, they can't remember exactly..)

It has been over a year, and they haven't received anything other that a civil demand.

My main question is: Was this juvenile arrested? They never went to the police station and never had the electronic fingerprints done, they were only fingerprinted on a piece of paper. I'm assuming this is only for the store record, or could they have submitted them to the police? Does anyone have any insight on what the fingerprints during the store detention mean? And if they were submitted, can the paper fingerprints be added into a system where they would be discovered through a fingerprint background check?

I am thinking this could possibly have just been for an incident report for the police department. If so, what would this mean for the juvenile?

This juvenile is now an adult and in college, pursing a career in education. Their main concern is whether or not this 'arrest' will show up, as they are required to be cleared through a fingerprinting background check. They are very worried about this and are afraid to call the police department, as their case could still come up.



Also - one other question regarding the statute of limitations.

I understand that this does not start running until the juvenile becomes an adult, but does this mean that they won't be clear until their nineteenth birthday? Or will it not start until their birthday but then still stop the year after the incident?

I realize this may be confusing. I'll do a 'for example'. This juvenile, age 17 was detained in December. They turned 18 in September of the next year. So, as it is now past December, aka a year after the incident, has the statute of limitations run out? Or will it run out a year following their 18th birthday?



Thank you very much for you help and insight. Sorry for the long post.





Arrest Procedure: Detaining a Juvenile for Shoplifting

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