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Daughter caught stealing

Discussion in 'Criminal Records, Expungement' started by Cbb1206, Mar 9, 2016.

  1. Mar 9, 2016 #1
    Cbb1206

    Cbb1206 Law Topic Starter New Member

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    Jurisdiction:
    Texas
    My daughter was allegedly caught stealing even though she says she didn't mean too she was just caught up arguing with my grandson and didn't realize the item was still in the cart...

    She's 21. Clean record.

    We are in Texas.

    They took her info, ID, and social said no cops would be called but if she did it again they would. She didn't sign anything and she wasn't banned

    What are the chances of a ticket or charge being mailed to us?

    Also I've heard of civil demand letters but they said we shouldn't expect to see anything in the mail because the item was still sellable....

    However from my research I don't trust that much...

    The item was 7.98$

    Any insight for us?
     
    Cbb1206, Mar 9, 2016
    Cbb1206, Mar 9, 2016
    #1
  2. Mar 9, 2016 #2
    army judge

    army judge Super Moderator

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    My guess would be as accurate as your guess.
    The lesson here is to obey ALL OF THEIR LAWS.
    If she catches a break, she'd be best served to stay out of that store for at least six months.
    This is a function of breaking THEIR law, worry, stress, the unknown.
     
    army judge, Mar 9, 2016
    army judge, Mar 9, 2016
    #2
  3. Mar 9, 2016 #3
    Cbb1206

    Cbb1206 Law Topic Starter New Member

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    Yes... Well to say I'm disappointed would down play my emotions... I just am confused by all the legal talk...

    I found this
    The fourth category of Civil Demand Statutes create an explicit right to file a civil action for shoplifting, but do not allow for civil recovery by way of a pre-suit demand. There are only two (2) states in this category: Oklahoma and Texas. In Texas, under Tex. Civ. Prac. & Rem. Code Ann. § 134.005 (Vernon), “a person who has sustained damages resulting from [shoplifting] may recover…the amount of actual damages found by the trier of fact and…a sum not to exceed $1,000.” The implication from the language of this statute is that a retailer must present its claim to the trier of fact in a civil action, for a finding of a liability and damages, rather than make a demand to settle the claim based on its own calculation of its damages.

    But have no idea what it means
     
    Cbb1206, Mar 9, 2016
    Cbb1206, Mar 9, 2016
    #3
  4. Mar 9, 2016 #4
    army judge

    army judge Super Moderator

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    No one can predict what another will decide or do.
    Yes, she could still receive a demand letter.
    I suggest you search the internet for Texas lawyers and there reaction to "demand letters" in Texas.
    There has never been one lawsuit initiated because a sucker failed to pay such a demand.
    That said, she could be the first.
    A lawyer in Rockwall County has written several informative articles advising texas citizens to ignore demand letters.

    There are also horror stories about the refusal to pay such demands ruining or dinging a person's credit.

    Again, stealing is a crime.

    Had she never broken one of their laws, she wouldn't now be in such a pickle.
     
    army judge, Mar 9, 2016
    army judge, Mar 9, 2016
    #4
  5. Mar 9, 2016 #5
    Highwayman

    Highwayman Well-Known Member

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    Worry about it if and when something more happens. My bet is that it won't.
     
    Highwayman, Mar 9, 2016
    Highwayman, Mar 9, 2016
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  6. Mar 9, 2016 #6
    shrinkmaster

    shrinkmaster Well-Known Member

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    Here is info on Civil Demand and a person who WAS sued.

    Civil Recovery

    I am a Retail Theft consultant and answer such questions daily
     
    shrinkmaster, Mar 9, 2016
    shrinkmaster, Mar 9, 2016
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  7. Mar 10, 2016 #7
    Betty3

    Betty3 Super Moderator

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    I would have her wait & see if a civil demand letter is received. It sounds like in this case, it might not be sent. If it is, it will be her decision whether to pay. She can do a google search & get all kinds of information on civil demand letters.
     
    Betty3, Mar 10, 2016
    Betty3, Mar 10, 2016
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  8. Mar 10, 2016 #8
    Cbb1206

    Cbb1206 Law Topic Starter New Member

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    As her mother I am more worried about charges being pressed after the fact. I know it CAN happen. But does it happen often?
     
    Cbb1206, Mar 10, 2016
    Cbb1206, Mar 10, 2016
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  9. Mar 10, 2016 #9
    army judge

    army judge Super Moderator

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    Again, our guess would be as good as yours.
    As instructed above, wait and see.
     
    army judge, Mar 10, 2016
    army judge, Mar 10, 2016
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  10. Mar 10, 2016 #10
    Betty3

    Betty3 Super Moderator

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    Sorry but there is no way we can know.
     
    Betty3, Mar 10, 2016
    Betty3, Mar 10, 2016
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  11. Mar 10, 2016 #11
    shrinkmaster

    shrinkmaster Well-Known Member

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    If you pay Civil Demand the likelihood they would seek to prosecute diminishes greatly. If your seeking a clear answer on if they will or not we cannot say. I can say that if charges are not filed at time its rare for them to file afterwards. However that decision can change if Civil Demand is ignored but again no one can say for certain
     
    shrinkmaster, Mar 10, 2016
    shrinkmaster, Mar 10, 2016
    #11
  12. Mar 10, 2016 #12
    txls

    txls Well-Known Member

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    For $7.98 I wouldn't lose any sleep over it. Law enforcement has way bigger concerns.
     
    txls, Mar 10, 2016
    txls, Mar 10, 2016
    #12

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