[sostupid]

I made an aweful mistake of shoplifting. I feel so horrible for what I've done, and wish I could turn back time. I have a clean record, never had any trouble with the law, and when I was caught shoplifting, they did not call the police. Im just wondering what happens from here? They told me Ill get a civil demand in the mail within 7-10 days, and that was all. They said I stay in their stores system only if I get caught again. So what happens after I pay the fine? Is there anything I can do to make sure I do not get criminal charges. Could I write a letter to the store? I truly feel aweful for what I've done, and I really want to move forward from this stupid decision.

Thank you.

[JudyKayTee]

Where? What Country or State?

How old are you?

It sounds like Canada and it sounds like they are expecting you to pay restitution which will keep you out of Court. This Board has argued back and forth whether that is a legal move on the part of the store - but it does keep you out of Court and without a criminal record.

[excon]

but it does keep you out of Court and without a criminal record.

Hello so:

It would if, in exchange for your money, you get a PROMISE in WRITING from the store that they won't call the cops over this incident. If they WON'T give you such a promise, and I doubt they will, why should you pay? You gain nothing.

Besides, you don't owe the store any money. For SURE, they got their stuff back. They had to pay the loss control people anyway... Nope, they're not out a dime. In fact, if they sued you for the money, they'd lose, because, as my friend Judy often times says, they have NO damages.

If, however, they DEMAND that you pay, OR they will call the cops, you call the cops FIRST, because they just committed a felony against you called extortion.

That, in a nutshell, is the ongoing discussion we've been having here. I'm sorry we don't have a definitive answer for you. The problem started when the stores decided they could make a few bucks off shoplifters instead of just prosecuting them. I think that decision was immoral, greedy, and against the law.

excon

[JudyKayTee]

Hello so:

It would if, in exchange for your money, you get a PROMISE in WRITING from the store that they won't call the cops over this incident. If they WON'T give you such a promise, and I doubt they will, why should you pay? You gain nothing.

Besides, you don't owe the store any money. For SURE, they got their stuff back. They had to pay the loss control people anyway... Nope, they're not out a dime. In fact, if they sued you for the money, they'd lose, because, as my friend Judy often times says, they have NO damages.

If, however, they DEMAND that you pay, OR they will call the cops, you call the cops FIRST, because they just committed a felony against you called extortion.

That, in a nutshell, is the ongoing discussion we've been having here. I'm sorry we don't have a definitive answer for you. The problem started when the stores decided they could make a few bucks off shoplifters instead of just prosecuting them. I think that decision was immoral, greedy, and against the law.

excon

Depends where it is - and you know we've all gone crazy trying to find case law. In Canada apparently the extortion attempt (if that's what you want to call it) works. Someone posted the letter they got from the store and the letter said fairly clearly that if X is paid they will not press charges.

In the US I think it's more subtle -

At some point someone has to come up with case law but, quite frankly, I can't find it and every Attorney I ask tells me this is entirely legal... but then can't back it up with proof.

[sostupid]

Thank you for your answers!

I'm 20 yrs old, and live in Pennsylvania.
If I don't pay the civil demand, then I think they will only increase the fee.. so I heard. And then criminal actions will definently be taken.
I really want to do anything in my power to make sure no criminal actions are placed.
Where can I get some sort of contract? Is there a specific name for it?

Thank you again!

[excon]

Hello again, so:

You won't find any pre-printed contract that meets your needs. After your negotiations are complete, a certified letter accompanying your check, spelling out the details of the agreement will do. Send the letter return receipt requested.

Just make sure your letter includes the words: in return for payment, they PROMISE NOT to call the police. End your letter with the following: Cashing the enclosed check will serve as your acceptance of the enclosed agreement and as complete satisfaction and accord of our dispute.

excon

[sostupid]

So by me writing my own letter along with my check would do it? Does this letter have any validity?

[excon]

Does this letter have any validity?

Hello again, so:

Of course. Why do you think I suggested you write it? I'm not here just to see my pretty name in print.

excon

[JudyKayTee]

Lucky? Should be looking. I need more coffee.