[mommy06]

Now on top of the humiliation , my kids are totally traumatized and I am off course fighting with a attorney
Now target attorney send me a letter that if I don't pay 500 dollars I will get sued on civil court
I don't want to pay because I did not intend to take something without pay
They would not let me use my phone,
My poor kids were crying
Can I sued then for traumatizing my kids?
What should I do about the intimidating letter?
I spend 30.000 dollars on that specific target alone last year
What a mess

[Fr_Chuck]

I am sorry, but even if it was a mistake, it was stealing and you stole the item when you walked out without paying.

You are the one at fault please stop trying to blame the store for doing their job.

You pay the 500, it is considered a civil penality. They could, if not already call the police and have you charged with shop lifting, if all they want is 500 dollars, and no police, that will be the best 500 you spend. Obvsiouly you have the money if you spent that much in their store.

Once you walk out, they don't know it was a accident, a mistake, everyone says that, no one ever says I stole it, wanted to steal it and will steal it again,

Everyone caught says it was a mistake, they don't believe you, and really does not matter.

No you can not sue for something
Your actions caused.

That would be like suing a police officer for catching a robber because it caused tramma to the robbers family.

[mommy06]

I understand what u are saying
Believe me I am a "every actions has a reaction kind of girl"
But they did get the police
I am already fighting a criminal case for what they thing I stole
What about people make mistakes, I had my kids with me, had bought ton of stuff and was not paying attentions
My kids are traumatized
And is not about the money, is about the fact that It was a mistake\
And how it was handled

What about Innocent until proven guilty ?

[AK lawyer]

...

But they did get the police ...

Then they might not be entitled to the civil penalty. Depends on the language of the statute.

...
What about Innocent until proven guilty ?

What about it? Doesn't apply in a civil claim, such as a civil claim by Target.

And that presumption doesn't mean that the authorities cannot accuse you; they simply have to prove it before criminal penalties attach.

[Fr_Chuck]

Also depending on how the statue is written, they normally do not have to show or prove you intended to steal. They only have to prove you walked past the cash register ( or out the store) with a item. In fact some states, if you put a item in your pocket in the store, even if you were going to take it out and pay, and even if you never leave the store you can still in some states convicted of shoplifting.

So the issue is what you planned or did not plan on doing is not even part of the court and criminal case, The DA does not have to prove you intended to steal, And of course how do you prove it was a mistake, not intended. Only you know that, and no way to read your mind.

The store merely has to show you were past the cash register or out side the store with a item you did not pay for. That is the only thing they have to do , to convict.

If the Judge believes your story, it will just get you a lesser punishment