Shoplifting, Larceny, Robbery, Theft Caught shoplifting at Kohl's. Need help!

[guestpost]

I got caught shoplifting from Kohls yesterday for merchandise worth $120+. I am 19. I have been reading different scenarios of what happened. In some cases, cops were called, while others, cops were not involved. In my case, the cops were not called. The LP made me sign the banned letter and the letter regarding the fine which I think is the "Civil Demand". I am really ashamed and guilty. Many lawyers from other sites said paying the fine won't help but the LP told me that if I paid the fine, that would be the end of everything. I am scared about the cops. They didn't mention anything about cops being involved as of yet. So are they gonna inform the cops? Can they still inform the cops? Should I start looking for a lawyer? Is this going to be a permanent record on my name? What should/can I do now?

 

[Michael Wechsler]

Yes, you paid a civil demand and it is NOT a fine. It is the amount the store wants to settle its civil case against you for monetary damages - the cost of needing security (Loss Prevention Officer) and legal costs, etc. If the LP told you that it was all over, he or she wouldn't be the first to fib a little.

You can still be prosecuted. If Kohl's forwards the information about the case to the District Attorney, the DA is then left to decide whether to file criminal charges against you. A shoplifting or petty theft charge is a misdemeanor and the DA would probably have to bring a case against you within a year - assuming the DA cares to do so.

You can wait to see if anything will be done. Retain an attorney if and when you may need one. Good luck and hope it's all over, which it might be.

 

[shrinkmaster]

What state did this happen in? Some states do not permit retailers to file criminal charges and seek Civil Demand both

 

[noturaverag1]

This same incident happened to me from war- mart... they want me to " settle" for $250, however
I was still given a court date and will be required to pay a fine and it could still go on my record if i don't attend a shop lifting class. My best advice would be to just pay a lawyer and not settle with the store

 

[shrinkmaster]

The court fine and civil demand are unrelated to each other. In some states if store seeks civil demand they cannot prosecute so paying civil demandis even more important in those states

 

[disagreeable]

This same incident happened to me from war- mart... they want me to " settle" for $250, however
I was still given a court date and will be required to pay a fine and it could still go on my record if i don't attend a shop lifting class. My best advice would be to just pay a lawyer and not settle with the store

I'll give you a clue. Taking advice from a thief who cannot steal is not a good idea. Get a lawyer and follow their directions.

 

[krenee94]

I'm 18 and ALLEGEDLY shoplifted from a PLACE a few weeks ago. I ALLEGEDLY had $200 worth of merchandise.

The cops were called, I was booked into jail and stayed in jail 3 days and was charged with Misdemeanor 1 petty theft.

No court costs (the judge was awesome and dropped them).

About a week after that I got a letter in the mail from a lawyer in New York (weird because I live in Ohio), threatening to sue me if I didn't pay Kohl's the $200 back within 3 weeks.

I got so scared, because I don't have that kind of money (clearly why I was ALLEGEDLY shoplifiting... XXXXXXX).


I took the letter to the police station and asked what I should do, whether I should send the money to this lawyer or what.

The cop who I was talking to laughed and said it was a big joke.

My jail time WAS my punishment.


He told me to ignore the letter and eventually they'd leave me alone.

So I've ignored it, haven't gotten sued, and had to pay no money to Kohl's.

 

[army judge]

I'm 18 and ALLEGEDLY shoplifted from a PLACE a few weeks ago. I ALLEGEDLY had $200 worth of merchandise.

The cops were called, I was booked into jail and stayed in jail 3 days and was charged with Misdemeanor 1 petty theft.

No court costs (the judge was awesome and dropped them).

About a week after that I got a letter in the mail from a lawyer in New York (weird because I live in Ohio), threatening to sue me if I didn't pay Kohl's the $200 back within 3 weeks.

I got so scared, because I don't have that kind of money (clearly why I was ALLEGEDLY shoplifiting... XXXXXXX).


I took the letter to the police station and asked what I should do, whether I should send the money to this lawyer or what.

The cop who I was talking to laughed and said it was a big joke.

My jail time WAS my punishment.


He told me to ignore the letter and eventually they'd leave me alone.

So I've ignored it, haven't gotten sued, and had to pay no money to Kohl's.

Most people would agree with you.

Only a judge can assess you a fine.

That is a demand letter.

They could sue you, and pigs might fly, one day.

If they sue you, a judge will not make you pay.

They will get a judgment and then have to attach your wages, or seek a writ of attachment to take your stuff.

But, you're poor, as you say.

So, you ain't be got no stuff for them to be attaching.

The cop wasn't a lawyer.

But, he is pretty smart.

I am lawyer.

I am NOT advising you to pay or not to pay.

But, if my daughter got such a letter, (after I reamed her out for stealing), I'd tell her NOT to pay it.

Will they sue you?

I don't know.

I have met many thieves in my life.

I have yet to meet one person that has been sued after they got a letter like that.

They don't want to sue you.

They want to scare you, and they did, didn't they.

You would have paid the $200, had you had it.

You were so scared you spoke to the cops.

They laughed, like I'm laughing.

Seriously, do not ever steal anything again.

What you did will hurt you bad one day, when your record is revealed by a potential employer.

So, you'll pay pretty dearly for this.

You'll be okay, just never steal again.

Pay it or not, your call.

Sue you or not, their call.

That cop was a pretty smart fellow, smart enough to be a cop (meaning he has a pretty good reputation and record).

Good luck, and never, ever, ever steal anything.

 

[shrinkmaster]

xx makes many assumptions that could cost you a lot of money. YES only a Judge can order you to pay. However if you let it go that far it will cost 3 times or more than current fine. Civil demand is state law which means the law is on thier side not yours. xx nor anyone can say for sure what law firm will or wont do. Many of these firms can get very agressive at pursueing these funds. You dont want it to go that far! There are other actions they can take that can have long term impact on you beside sueing. I am very familar with retail theft and its consequences. xx was not even aware of Civil Demand laws until about a year ago


(DO NOT TROLL, FLAME, OR CALL OUT OTHER POSTERS. THIS IS YOUR ONE COURTESY WARNING.)

 

[Betty3]

What state did this happen in? Some states do not permit retailers to file criminal charges and seek Civil Demand both

shrinkmaster, at the very top of the page it shows California as the state.

 

[Betty3]

Ignore post above. I didn't realize we had a new post/question attached to an old thread. It will not allow me to delete.

PS - we don't allow this on the other forums I'm on. We tell them to start their own new thread.

 

[cbg]

We try to do that here, too, Betty - but sometimes one or two slip through anyway.

 

[shrinkmaster]

The user (not original poster) had a question and yes I was aware he/she was not OP. I wanted to be sure OP got accurate answers before one of us directed him/her to start their own thread

 

[Betty3]

Thank you, cbg. Thank you, shrinkmaster - I understand now.