Shoplifting, Larceny, Robbery, Theft Shoplifting

[dsengr]

I am trying to assist and 18 year old college student with a shoplifting charge of which they are guilty. The amount of merchandise was $112(Walmart). The student was arrested and spent 30 hours in jail before posting their own bail. The student has agreed to a pre-trial diversion program and has an interview with the program director prior to returning to court. This seems to be the appropriate avenue to pursue because the charges would be dismissed after a one year probation and some community service. Can you verify this is the best option?

Secondly, the firm of Bennett and Deloney has sent a letter of settlement in the amount of $100 to be paid to them on the behalf of Walmart. Is this legitmate? Should this be paid? They threaten additional legal action/costs if not resolved promptly. If so, what kind of paperwork needs to be filled out or provided by the firm or by the student to make sure that this is the end of it? The letter just has remit payment coupon to be mailed to the firm in Utah. Shouldn't some kind of receipt be generated? They will take credit cards over the phone? Seems odd to give this information out over the telephone to the firm...with no receipt...

Thanks.

 

[PJ_Weber]

Secondly, the firm of Bennett and Deloney has sent a letter of settlement in the amount of $100 to be paid to them on the behalf of Walmart. Is this legitmate? Should this be paid? They threaten additional legal action/costs if not resolved promptly. If so, what kind of paperwork needs to be filled out or provided by the firm or by the student to make sure that this is the end of it? The letter just has remit payment coupon to be mailed to the firm in Utah. Shouldn't some kind of receipt be generated? They will take credit cards over the phone? Seems odd to give this information out over the telephone to the firm...with no receipt...

This is legit, it's called a Civil Demand. Tell your friend that they
should consider themselves lucky due to the fact that they could
have been charged up to $500

 

[dee_dub]

I don't know if diversion is the best option, but its certainly a very good option.

 

[beachgrits]

there are two different actions here. One criminal and one civil. If the lawfirm is representing walmart in the civil action than they are getting a good deal. Has walmart agreed to testify against your friend? I would demand a release from the lawfirm from any further action. This restitution to the victim (walmart) would also look good in the eyes of the court.

 

[dsengr]

dee_dub....IS there a better option or something that should be explored?

 

[dsengr]

IS there any way the charges can be dismissed before going to court?

 

[dee_dub]

In my jurisdiction, pre-trial diversion is about as good as it gets for someone who would be convicted if it went to court. If I'm guilty and it can be proven, my chances of getting the charges dropped are remote. Your jurisdiction may vary. Whether there's a better option depends on what's available where you are, and the chances of getting the charges dropped depends on how zealous your prosecutor is. I'm not a criminal lawyer, and I'm not familiar with your jurisdiction, so I don't know how it would all pan out for you.

 

[ny418]

Civil Demand has nothing to do with the criminal charges. Tell your friend to pay it. Also like all collection if it is not paid a judgment could be filed against your friend.