Check out some similar questions!

archiesonnet · Apr 18, 2010, 09:44 AM

I am a 29 year old person and got caught shoplifting in Sears in Pittsburgh,PA.It was a $48.00 fragrance.I was taken by the LP officer to a backroom shared my State ID,Phone Number,Address and SSN.Store security was called and they verified my address.I accepted my fault and signed few papers which said that I shoplifted $48.00 item.I was given a Civil Demand notice which says that Sears attorneys will contact me for the fines and a statute.I found that a statute is court order and I am very nervous about it.No police was involved and I was not photographed or finger printed.This is my first offence and I have a clean record.Next day I again went to the store and contacted the LP officer and wrote her an apology letter stating that I won't do this in future and am ready to pay for the fragrance and the fine.I have no copy of the apology letter with me.She told me that as per the store policy she has to send a statute.As I am a first time offender and I have a clean record when court summon me will it go into my criminal record.One more question should I plead guilty or not guilty in court as I have confessed my fault and also given them written apology.I can't affore an attorney and do not want to have a criminal record against my name.Please help.

JudyKayTee · Apr 18, 2010, 09:48 AM

If you stole and have admitted that you stole, of course you are guilty and you must plead guilty.

I have no idea what "... send a statute" means.

If the Police were not involved and you will not be arrested. While your story is somewhat confusing it SOUNDS like Sears is going to ask you to pay for the merchandise which you stole (even though it was returned) as well as some sort of restitution for their time and trouble and will probably ban you from their stores for a period.

If there is no arrest there will be no Police Record/criminal record.

archiesonnet · Apr 18, 2010, 10:11 AM

Please find a copy of the Civil Demand Customer Notice which I was given by Sears:

You have been stopped for the thef of merchandise.This state passed a law permitting merchants to recover civil monetary damages and possible other damages from you as a result of this incident.These damages may take into consideration the value of the merchandise,whether it was blemished or saleable,the costs of security,and any other damages permitted by law.You will receive a letter from our attorney explaining the amount of monetary damage we will seek as well as a copy of the statute.

Hopefully this will make sense now.Please advice.

JudyKayTee · Apr 18, 2010, 10:30 AM

That's what I thought and what I addressed - you admitted that you stole; State Law allows Sears to collect money (monetary damages) from you for the cost of the merchandise (even if it was recovered) as well as their time and trouble in stopping and questioning you. Sears corporate will send you a letter demanding a sum of money and giving you a copy of the Statute that allows them to collect that sum of money.

You were not arrested.

I have not researched the law BUT I would say that if you do NOT pay the monetary damages requested Sears has the option to then have you arrested.

Again - pay according to the letter (and State statute) and you will NOT have a criminal record.

archiesonnet · Apr 18, 2010, 10:48 AM

One more question what about the court orders as the LP officer said that I need to appear to the court in Bethel Park,PA Magisterial District: 05-2-20.Will it then be a criminal offense and I will have a criminal record?

archiesonnet · Apr 18, 2010, 10:51 AM

Am I then convicted for my mistake.

JudyKayTee · Apr 18, 2010, 10:53 AM

If you have to appear in Court you WERE arrested - a notice to appear is the same as an arrest. I don't see any mention of a Court appearance - up until now.

Yes, you have to appear and, yes, you will have a criminal record. Shopklifting is not a "mistake;" it's a crime.

Your story is not consistent. If you have to appear in Court - again, yes - you were charged with a crime.

I am not surprised - Sears/Kmart is "hard" on shoplifters.

archiesonnet · Apr 18, 2010, 10:58 AM

Whatever I have been said I am telling you. As I do not know anything about the law of this country. I myself is also very puzzled as I feel I will then be pressed with Civil and Criminal charges?

JudyKayTee · Apr 18, 2010, 12:13 PM

It's not a civil charge. It's a criminal charge. It's shoplifting.

Are you on a visa? If so, I would NOT go to Court without an Attorney. This COULD be grounds to deport you.

archiesonnet · Apr 18, 2010, 07:25 PM

Yes I am on L1 Blanket Visa and my employer has already submitted a petition to change my Visa status to H1 Visa.I am very much terrified and would like to talk with an attorney when I receive my citation/summon from the court.Can you help me finding some good criminal attorney in Pittsburgh,PA.

Fr_Chuck · Apr 18, 2010, 07:42 PM

Something does not sound right, we are missing something,

Sears can not issue you a court order to appear in criminal court. That has to come from the court itself. Or the police at the scene

archiesonnet · Apr 18, 2010, 08:09 PM

There was no police involved at the scene.Can Sears not report the incident to the Police later and then they press a criminal case against me.How court will send a court order to appear in criminal court if someone does not report my case.I am very worried about the court part and do not know what to do.

JudyKayTee · Apr 19, 2010, 05:48 AM

Call the Bar Association and ask for an Attorney referral - no one here will recommend anyone. It's not allowed.

And FrChuck - if you read this thread a whole lot of it doesn't make sense. Where and how the date/time came about - I have no idea.

alesha8781 · Apr 22, 2010, 10:40 AM

The same thing just happened to me. I am 20 and made a HUGE mistake. I am graduating from college with honors next week. I have had a 4.0 all through college and never even had so much as a parking ticket. I don't know what I was thinking but I stole a $16.00 bottle of perfume and sears must have one hell of a security system! They took me up to this room and got my information. No police were called but they told me I will receive my court date in the mail and who my judge is. I am under the impression that if you have a clean record and the item was under $150, it is considered a summary offense maximum penalty is 90 days in jail, however I doubt they will put you in jail if you cooperate. Basically, you will have to pay a fine between 50 and $300. I doubt that they are going to put this on my record given that I have never done anything before and I cooperated with them, and I am assuming you did also. What I am more worried about is I just got hired as a Day care teacher, if this goes into the police roundup in the local paper, I will lose the degree that I just worked so hard for. Like I said, I graduated top of my class. I hope they don't put this in the paper, does anyone know about that or if I can call the paper and tell them I don't want that in. Do I have a right to do that?

JudyKayTee · Apr 22, 2010, 12:02 PM

Originally Posted by alesha8781

The same thing just happened to me. I am 20 and made a HUGE mistake. I am graduating from college with honors next week. I have had a 4.0 all through college and never even had so much as a parking ticket. I dont know what I was thinking but I stole a $16.00 bottle of perfume and sears must have one hell of a security system! they took me up to this room and got my information. No police were called but they told me I will recieve my court date in the mail and who my judge is. I am under the impression that if you have a clean record and the item was under $150, it is considered a summary offense maximum penalty is 90 days in jail, however I doubt they will put you in jail if you cooperate. basically, you will have to pay a fine between 50 and $300. I doubt that they are going to put this on my record given that I have never done anything before and I cooperated with them, and I am assuming you did also. What I am more worried about is I just got hired as a Day care teacher, if this goes into the police roundup in the local paper, I will lose the degree that i just worked so hard for. Like I said, I graduated top of my class. I hope they dont put this in the paper, does anyone know about that or if I can call the paper and tell them I dont want that in. Do I have a right to do that?

No, it's public record so you can't stop it from being published.

Any background check will turn it up - why do you think it's not an arrest? ("I doubt they will put this on my record ...")