Shoplifting, Larceny, Robbery, Theft Kohls Shoplifting Incident

[Jennifer4545]

Jurisdiction

California

I got caught shoplifting from Kohls for merchandise worth $20. I am 21. 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 it was a "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. I am concerned whether to pay or not pay the fine what should I do? 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?

 

[army judge]

If you pay,
Everything is wiped away.
If you don't pay,
You'll get hounded night & day.
You must decide the best play,
Better fix it without delay.

 

[shrinkmaster]

I am a Retail Theft Consultant and answer questions like yours daily. Paying Civil demand should end this. No one (even lawyers) cannot guarantee anything! However in 99.9% of cases where Civil Demand is paid NOTHING further happens. Therefore it is my advice as "Retail theft consultant" (non Lawyer) who deals with this daily for you to pay Civil Demand.

Civil Recovery

 

[Michael Wechsler]

A criminal prosecution is within the discretion of the district attorney. However if the store doesn't report the crime, the police and the district attorney won't know about it. If you pay the civil demand it may end things.

Attorneys may tell clients not to pay a civil demand because doing so is one of the criteria for entry into a leading national theft database - an admission of guilt of retail theft. Another reason is that the odds are supposedly overwhelmingly against any civil lawsuit being filed against you. Will Macys, Kohls, Walmart or any store spend hundreds of dollars (or more) for an attorney to prosecute you for $20 plus the amount they can charge for prosecution? The recovery may be much less than the costs of prosecution.

 

[shrinkmaster]

The store has NOTHING to lose as these Law Firms are on retainer. However if they do nothing too often the retailer could change Law firms. One recovery service with P & R in their name can be VERY aggressive at seeking these funds. In addition the retailer has the option to file a criminal complaint if Civil demand is not paid and seek restitution through courts. This makes paying Civil Demand VERY important if you want to avoid court.
Many forms that a retailer may ask you to sign do NOT state that signing Civil demand is an admission of guilt. to add having your name put into a Retail theft database will most likely read as a policy violation and not a theft. This was a recent change as one is NOT guilty of theft unless found guilty in court.

 

[Michael Wechsler]

Being on retainer doesn't mean that the stores don't get charged for services provided. To the contrary - they do. It just means it may cost the store somewhat less because of the bulk service. I don't know how many firms would agree to do this kind of legal work on a pure contingency fee.

The issue is still the same - you can't get blood from a stone / the cost of enforcement > the effort of recovery. So how much does it cost to file a complaint, appear in court and then make efforts at enforcement if the defendant (likely to be needy) doesn't pay up immediately? How about if garnishment is in order? This isn't easy. And while sometimes examples are made in order to ensure that the risk of not paying is palpable, it is probably nowhere near a large one. However there is unquestionably some risk by non-payment.

 

[army judge]

Being on retainer doesn't mean that the stores don't get charged for services provided. To the contrary - they do. It just means it may cost the store somewhat less because of the bulk service. I don't know how many firms would agree to do this kind of legal work on a pure contingency fee.

The issue is still the same - you can't get blood from a stone / the cost of enforcement > the effort of recovery. So how much does it cost to file a complaint, appear in court and then make efforts at enforcement if the defendant (likely to be needy) doesn't pay up immediately? How about if garnishment is in order? This isn't easy. And while sometimes examples are made in order to ensure that the risk of not paying is palpable, it is probably nowhere near a large one. However there is unquestionably some risk by non-payment.

I had one of my paralegals research if there was ever a filing for non-payment of the civil demand in Texas.

The answer, only one such filing was ever initiated in Texas.
The case was dismissed after hearing arguments by plaintiff and defendant.

The presiding judge was a justice of the peace.
Her ruling ran along the reasoning in your post, Michael.
She went on to state that "civil demands" were violative of due process and equal access to other potential small claims plaintiffs, because only retailers/merchants have such an advantage.
I suspect that these law firms don't wish to establish an adverse legal precedent, by the issuance of a similar verdict my a county court or district court judge, courts of record in Texas, and both courts also sitting in equity.

 

[Ksatch40]

Hello shrinkmaster, I was reading one of your post from a couple years back & was wondering if you'd be able to help me out in the same way you did this other individual...
I made an idiotic decision to steal from my employer, sign admission, pay restitution amount back, and I never got charged & long story short, my degree is in the retail industry so I'm trying to figure out which database my former employer uses/contributes to, and which databases new potential employers use/which companies use the same database so I can know where to avoid?
Any help you can provide would be priceless as I'm unemployed now & have bills to pay so I need to get back to work. Pm me if that is the best way to exchange emails etc.