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?
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?
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