Shoplifting, Larceny, Robbery, Theft shoplifting

[Rusty123]

It has recently come to my attention that my daughter (age 18, now and at the time of the offense) was caught shoplifting makeup (~$20 value) in a STORE n January 2013. The loss prevention officers questioned her, and then let her go without calling the police. They told her that she would receive a letter (civil demand) from THE STORE legal, and if she paid the "fine", that would be the end of it.

The letter arrived several weeks later, but was misplaced in a stack of mail. A second letter arrived several weeks after that, demanding $300. My daughter paid, and assumed that would be the end of it. (She then discarded the letters).

A few days ago, a court summons arrived at our home. Mom opened it, and that's when all of this came to our (the parents) attention.

I have three primary questions:

1. Although I am aware that the payment of a "civil demand" does not in any way guarantee that criminal charges won't be filed, that does seem to be THE STORE's normal pattern, based on my internet searches. Why would this incident differ from that pattern? Is it because payment was not made promptly when the first letter arrived?

2. Since the police were not involved when the incident occurred, it's unclear to me what the criminal charges (summons) are based upon. Do the courts pursue charges based on private party statements, without corroborating evidence from law enforcement?

3. At this point, it seems that our best course of action is to hire an attorney. The obvious downside is cost. We (parents) have some money, but daughter (18 yo) does not. What approach should we pursue?

 

[Betty3]

The best thing you can do for your daughter is get her a lawyer & work with him/her. The lawyer can also answer any questions you/your daughter might have.

 

[mightymoose]

1. The filing could have been due to the delay in payment. It may also be that payment was not received. Is there any proof of payment such as a cancelled check? Appearing in court and showing proof of payment may get the matter quickly dismissed.

2. The charges are likely based upon video surveillance and statements and documents signed by your daughter. The store does not have to immediately report the theft. They likely have up to one year to make their complaint. Had police been called there would not have been any evidence other than what was already on hand.

3. Find proof of payment, contact the legal firm handling this, and see if they will dismiss the case. If you don't get some formal notice that you are not required to appear in court then be sure to go and present your proof of payment. You are right that they may still pursue criminal charges even if payment was made, but I would not expect that unless there is a repeat offender.

 

[Rusty123]

1. The filing could have been due to the delay in payment. It may also be that payment was not received. Is there any proof of payment such as a cancelled check? Appearing in court and showing proof of payment may get the matter quickly dismissed.

2. The charges are likely based upon video surveillance and statements and documents signed by your daughter. The store does not have to immediately report the theft. They likely have up to one year to make their complaint. Had police been called there would not have been any evidence other than what was already on hand.

3. Find proof of payment, contact the legal firm handling this, and see if they will dismiss the case. If you don't get some formal notice that you are not required to appear in court then be sure to go and present your proof of payment. You are right that they may still pursue criminal charges even if payment was made, but I would not expect that unless there is a repeat offender.

We do have proof of payment. But to be clear, are you suggesting that we may be able to get the criminal charges withdrawn by documenting payment of civil demand? Any risk of us making this contact ourselves, or should an attorney do it on our behalf?

Thanks to all for advice.

 

[mightymoose]

You might have some luck doing this on your own. They may find that they erred or may explain why they proceeded.
Until you get a formal notice from the court that you are no longer required to appear then you had better show up.
Whether in court or prior to, it is very possible the matter could be dismissed once it is shown the demand was paid.... but it is not always so. They can do both.

 

[fredrikklaw]

O', Please!

RUSTY 123:

First of all, there was not, there is not now, and there will not be in the future any criminal charges levied against your daughter. PERIOD. So do not waste valuable time and money hiring an attorney for what is in actual fact nothing but a two-bit, cheap, and petty stunt pulled by a trillion dollar corporation to earn a few dollars more.

NO; ABSOLUTELY NOT; NEVER; NO HOW that this will either lead into and or in some way turn into a criminal complaint. That ship left the dock when the police was not involved from the get go thanks to Walmart's bottomless greed for the almighty dollar to reap the reward itself instead of the municipality. What took place was a private cite-and-release and the letter you received was nothing short of blackmail masquerading as a private civil claim which I would have thrown into the trash because that is where it belongs.

Furthermore, the courts have better things to do than to babysit Walmart every time its ego is popped and private individuals cannot persuade the court to take criminal action. It absolutely makes my blood boil every time I hear a case like yours where folks are scared witless into handing over hundreds of dollars for no purpose at all. NONE. In fact, I would sue any attorney for malpractice whose advice to you would be anything other than "go home, it is a nothing case and all is fine!"

Truth be told, it would have been a lot simpler had the police were informed as the amount involved makes the crime a petty offense which will be plead out as of course and by way of cookie cutter proceedings, whereby your daughter will be charged with an infraction and ordered to be bound over to keep the peace for a year or two, otherwise known as Summary Probation.

Let me give you an actual example of what crime these days gets what, and then you decide whether you should be worried about a few dollar shoplifting.

A couple of months ago, two people (a couple) I know very well, are stopped doing 106 mph in a stolen Camry by CHP. They are dully arrested due to 8 outstanding felony warrants between them. A search of the car revealed $10,000 in stolen goods, an undisclosed amount of counterfeit money, about a good amount of methamphetamine and other drugs. The male driver is going away for a good few years, and the female passenger with 3 outstanding felony warrants for previous indiscretions as well as the current ones, walked out of the court room on Tuesday with 3 years of summary probation.

And by the way, the public defender handled the whole procedure!

Relax, and do not upset yourself your daughter unnecessarily and don't let anyone make a mountain out of this moll.

fredrikklaw

 

[Rusty123]

We made an appoint with a lawyer for an initial consult. The paralegal said that given her record, a "Compromise of Misdemeanor" or "Pre-Trial Diversion Agreement" might be possible. We're also planning to call the law firm that sent the Civil Demand letter, in the off chance that the criminal charges were a mistake. Thanks again for the advice.

 

[Rusty123]

RUSTY 123:

Relax, and do not upset yourself your daughter unnecessarily and don't let anyone make a mountain out of this moll.

I certainly have no urgent desire to pay more than necessary to resolve this, but she did receive an official court summons for "Theft 3", which seems to indicate that there is at least the beginnings of a criminal case. I doubt that you are suggesting that she ignore the summons -- so when she shows up at the arraignment without a lawyer, what should she do? Deny the incident occurred? Beg for leniency?

Out of my element here.

 

[mightymoose]

When she appears she simply asks for a lawyer, or if she already has one she keeps quiet and lets the lawyer speak for her.

 

[shrinkmaster]

Retail theft (shoplifting) is my specialty so lets see if I can help shed some light on your concerns

I have three primary questions:

1. Although I am aware that the payment of a "civil demand" does not in any way guarantee that criminal charges won't be filed, that does seem to be THE STORE's normal pattern, based on my internet searches. Why would this incident differ from that pattern? Is it because payment was not made promptly when the first letter arrived?
(There is no answer letter can take a while due to store making request late or how busy the recovery service is. In some states a store cannot seek both Civil Demand and file criminal complaint so not paying could provoke that action. I always suggest paying civil demand to avoid the many possible consequences not paying can bring. these include any one or more of the following and possibly more. Filing of criminal complaint if not already filed. report to credit reporting agencies, tripling of fine, law suit in which you would likely lose and possibly owe thousands after lost.)

2. Since the police were not involved when the incident occurred, it's unclear to me what the criminal charges (summons) are based upon. Do the courts pursue charges based on private party statements, without corroborating evidence from law enforcement? (Sure they do it all the time. The retailer will supply Police with evidence like video and Loss Prevention report along with any pictures and document signed by the subject. It should be enough for successful prosecution.)

3. At this point, it seems that our best course of action is to hire an attorney. The obvious downside is cost. We (parents) have some money, but daughter (18 yo) does not. What approach should we pursue?
(Hiring an Attorney is your best recourse and be sure to discuss options like ACD or Diversion to protect her record)

 

[Rusty123]

Seems odd that her statements would be admissible without her having been read her rights. Who's to say inappropriate coercion wasn't used by the LP officers?

 

[shrinkmaster]

Ok lets remove her statements they have video likely, the Lp's report and the merchandise!

 

[Rusty123]

Ok lets remove her statements they have video likely, the Lp's report and the merchandise!

True. Not really arguing the point -- just distrustful of Walmart cops.

 

[shrinkmaster]

They are not cops! Do not confuse that issue Miranda does not apply to them

 

[guestpost]

They are not cops! Do not confuse that issue Miranda does not apply to them

That's essentially my point.