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    Anathelia's Avatar
    Anathelia Posts: 1, Reputation: 1
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    #1

    Dec 18, 2007, 07:58 PM
    I was charged with shoplifting and recently received this letter
    I recently received a letter stating:

    This lawfirm represents ##### concerning it's claim against you in connection with an alleged incident in their store *** on **/**/07.

    ###### is considering proceeding with a civil claim against you pursuant to N.J.S.A. 2A:61c-1. Under the above reference statuet, " a parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting as defined in N.J.S. 2C:20-11 or who commits the offense of theft as defined in Chapter 20 of Title 2c of the New Jersey Statues by stealing food or drink from an eating establishment, shall be liable to the merchant in a civil action in an amount equal to the following: (1) The merchant in it's original condition; (2) Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and (3) A civil penalty payable to the merchant in an amount up to $150.00."

    You may want to settle this matter by making payment to us in the amount of $150.00 within 20 days of this letter. Upon receipt of your full payment and clearance of funds, you will receive a written release of this civil penalty claim.



    I am not quite sure what this means... does this mean if I pay them everything will be done with? What does this mean and what can I do? I've been to court twice over this just to be told once that I should plead not guilty because the charge is only for $13.50 worth of stuff and if they didn't show up again the charges could be dismissed. The second time was the same setting, people going to pay parking tickets and other random things and I was told that things like this are never dismissed and now it have to go to trial. Please help me, I've lost more sleep than needed over this. This could effect my future career seeing as I am trying to become a fire investigator and criminal charges do not go over well in that area of studies.
    Thank you for your help
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Dec 18, 2007, 08:04 PM
    No, this is merely the civil money the store can collect because of your theft. This is separate form the criminal charges that have been filed.

    Not only are their criminal issues but also civil issues under many state laws for theft.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Dec 18, 2007, 08:05 PM
    This letter has nothing to do with criminal charges. It appears many jurisidictions are allowing merchants to fine shoplifters as a civil matter. That's what the letter is about. Paying the $150 will end the civil part of the crime. It will be up to the court system to prosecute the criminal part.

    You need a lawyer to see whether they can get you out of this without a criminal record.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Dec 19, 2007, 06:20 AM
    Quote Originally Posted by Anathelia
    I recently recieved a letter stating:

    This lawfirm represents ##### concerning it's claim against you in connection with an alleged incident in their store *** on **/**/07.

    ###### is considering proceeding with a civil claim against you pursuant to N.J.S.A. 2A:61c-1. Under the above reference statuet, " a parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting as defined in N.J.S. 2C:20-11 or who commits the offense of theft as defined in Chapter 20 of Title 2c of the New Jersey Statues by stealing food or drink from an eating establishment, shall be liable to the merchant in a civil action in an amount equal to the following: (1) The merchant in it's original condition; (2) Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and (3) A civil penalty payable to the merchant in an amount up to $150.00."

    You may want to settle this matter by making payment to us in the amount of $150.00 within 20 days of this letter. Upon reciept of your full payment and clearance of funds, you will recieve a written release of this civil penalty claim.



    I am not quite sure what this means... does this mean if I pay them everything will be done with? what does this mean and what can I do? I've been to court twice over this just to be told once that I should plead not guilty because the charge is only for $13.50 worth of stuff and if they didn't show up again the charges could be dismissed. The second time was the same setting, people going to pay parking tickets and other random things and I was told that things like this are never dismissed and now it have to go to trial. Please help me, I've lost more sleep than needed over this. This could effect my future career seeing as I am trying to become a fire investigator and criminal charges do not go over well in that area of studies.
    Thank you for your help
    I would get an Attorney and make sure what is going on - I think you will have a really hard time getting an Investigator's License with a criminal charge, no matter how small, in your background. You will be asked directly about any arrests upon applying for a License - maybe it will turn up, maybe it won't, but I wouldn't take the chance.

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