Shoplifting, Larceny, Robbery, Theft Daughter 17 shoplifting & as an adult & store wants money

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tjguenth

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My 17 year old daughter was just caught shoplifting, first offense, never in trouble before. We don't know what to expect and they said she would be tried as an adult. The total stolen was $38.00 worth of jewelry. Also the store said she has 30 days to pay them $200.00. I know sometimes the court will say you have to pay the store, but does the store have the right to make you pay a fine before even going to court? Any information you can give me on Michigan laws and shoplifting would be appreciated.
Terri
 
The $200 is a civil demand and is attached to civil aspect, rather than criminal aspect, of the crime. They reserve the right to take you to civil court if you do not pay, although I hear that a lot of people don't pay and big stores don't bother doing much about it. Not paying it will hurt your credit rating, though.
 
tjguenth said:
My 17 year old daughter was just caught shoplifting, first offense, never in trouble before. We don't know what to expect and they said she would be tried as an adult. The total stolen was $38.00 worth of jewelry. Also the store said she has 30 days to pay them $200.00. I know sometimes the court will say you have to pay the store, but does the store have the right to make you pay a fine before even going to court? Any information you can give me on Michigan laws and shoplifting would be appreciated.
Terri
Did they contact you in writing? If so, you may want to contact them in the same way and request why they are demanding $38 in restitution for items that they claim your daughter shoplifted worth only $38. You have a right to know under what law they are claiming the right to $200 and have them provide you with the section of the code. Regardless of whether there is a civil resposnibility to pay back the amount allegedly stolen (understandable) it is not within their ability to make demands that are above those remedies provided to them under law. Do you have the section of code for which your daughter is being charged with?
 
As I suspected, here's the answer to another question here which explains where the $200 amount comes in. I had this funny feeling that this specific amount was per code and that the store likely had dealt with this issue of shoplifting many times before. I have never needed to defend such a case and am not sure if the store would have to prove that it spent $200 prosecuting your child's case. It's not a whole lot of money and I wouldn't be surprised if they couldn't find a way to come up with expenses totaling more.

Alabama Criminal Code Section 6-5-271

Liability for theft or attempted theft; liability of parents of unemancipated minor; liability for defrauding an eating establishment; liability of foster home.
(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney's fees and court costs not to exceed $1000.

(b) Parents or legal guardians of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney's fees and court costs not to exceed $1000.

(4) Parents or legal guardians of an unemancipated minor under the age of 19 shall only be liable in a civil action in any calender year for up to three offenses under the provisions of this article with a maximum liability of $750 for each offense.

(c) A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves with the intent to defraud the eating establishment, without paying for the meal is subject to liability under this section, if such meal is received by the customer in a good and merchantable condition.

(d) Persons operating a certified foster home are not liable under this section for the acts of children not related to them by blood or marriage who are under their care, nor shall parents or legal guardians whose child is not living with them or where the juvenile violates Sections 13A-8-3, 13A-8-4 or 13A-8-5, with the intent to make the parent or legal guardian liable, be held liable under this article.

(Acts 1993, No. 93-676, §2.)
 
I would think the $200 would be easy to make a case for. Add in salary of employee, LP manager. Surveilance costs, etc and they can probably make a case to a judge.
 
That Sucks!

tjguenth said:
My 17 year old daughter was just caught shoplifting, first offense, never in trouble before. We don't know what to expect and they said she would be tried as an adult. The total stolen was $38.00 worth of jewelry. Also the store said she has 30 days to pay them $200.00. I know sometimes the court will say you have to pay the store, but does the store have the right to make you pay a fine before even going to court? Any information you can give me on Michigan laws and shoplifting would be appreciated.
Terri

The same thing happened with me and my 14 year old daughter, only I had to pay $250 in civil penalties. Unfortunately, there is no way around it. My brother is an attorney and he did a ton of research on this subject for me. In the end, I had to take it...or should I say, I had to take it in the end.

She shouldn't have to be tried as an adult if she is an unemancipated minor who is living with you.
 
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