Paid Civil Demand Letter, What Happens Next

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Quoting atrocite

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They have a right to notify the police afterwards then right? I heard they have up to a year to do that. I'm just going to be left guessing until a year passes.

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That is true...but why would they want to do this if they already got everything they can from you. Why would they want to waist their time and $ on taking you to court!

You're kidding, right?

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Quoting Jenya81

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That is true...but why would they want to do this if they already got everything they can from you.

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How about because a crime was committed? Or it's their job to do so? Or it's the right thing to do so junior/juniorette can learn a hard life lesson and maybe straighten out? Or because the person is habitual offender?

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Quoting Jenya81

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Why would they want to waist their time and $ on taking you to court!

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It's waste, not waist. They are not wasting their time or money. Most shoplifting cases cost a retailer no more than a few hours of payroll and maybe a few bucks for milage for the LP agent(s) to go to court and testify. Many times it doesn't even get that far. If LP shows up, many a defense lawyer will cave and go running to the DA for a deal. It only gets expensive if it a complex case like ORC or a shoplifter really wants to avoid a conviction, both of which can require a lot more time in court.

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Quoting Jenya81

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That is true...but why would they want to do this if they already got everything they can from you. Why would they want to waist their time and $ on taking you to court!

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Just so I can be charged as a criminal. Even though the LP said it wouldn't go in my criminal record, it doesn't make any sense. :confused:

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Quoting cbg

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You're kidding, right?

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kidding about what cbg?

I was asking Jenya if she was kidding about the civil demand being all they wanted. What they want is for people to stop stealing, and a civil demand is not necessarily going to do that. A crime was committed - why shouldn't the offender have a criminal record for it? What incentive does the store have to let the offender off? They lose a lot more in thefts than they do in court time and costs.

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Quoting free9man

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How about because a crime was committed? Or it's their job to do so? Or it's the right thing to do so junior/juniorette can learn a hard life lesson and maybe straighten out? Or because the person is habitual offender?

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Please don't call me a juniorette (not sure if that's a real word) it's not necessary to prove your point, besides I'm 22. I've learned my lesson, paid $300 in damages, and understand I can be charged criminally. We all make stupid decisions sometimes. The LP told me not to feel bad since he could tell I wasn't a horrible person, he told me to just learn from this experience, and never do it again. That's exactly what I'm doing.

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Quoting atrocite

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Please don't call me a juniorette (not sure if that's a real word) it's not necessary to prove your point, besides I'm 22. I've learned my lesson, paid $300 in damages, and understand I can be charged criminally. We all make stupid decisions sometimes. The LP told me not to feel bad since he could tell I wasn't a horrible person, he told me to just learn from this experience, and never do it again. That's exactly what I'm doing.

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Oy. I was not responding to you. I was not calling you specifically a juniorette. I was generalizing my reference for all the kids/young adults, male and female, who might be straigtened out by having charges pressed.

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Quoting cbg

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I was asking Jenya if she was kidding about the civil demand being all they wanted. What they want is for people to stop stealing, and a civil demand is not necessarily going to do that. A crime was committed - why shouldn't the offender have a criminal record for it? What incentive does the store have to let the offender off? They lose a lot more in thefts than they do in court time and costs.

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I think she was talking particularly about my case, since the LP did say it wouldn't go in my criminal record, and I all ready payed for the civil demand so their actually gaining from this theft. If they had taken me to court and sued me for damages, they would've never gotten $300 out of me because they have to prove to the judge how they came up with that figure in the first place. Now if they want to charge me criminally then that's another story. I can always plead not guilty and ask for a public defender to work out something with the judge and give me a lighter charge like disorderly person. So either way, the store gets their money, but theft is not added to my criminal record, or so I've been told by some lawyers in avvo.com

I don't know if it has any relevance but the item was makeup retailing at $9.99. I heard most times they won't charge you criminally if it's a small item, no police are called on the spot, and you pay the civil demand. I don't know if this is true, but I'm hoping it is.

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Quoting atrocite

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I think she was talking particularly about my case, since the LP did say it wouldn't go in my criminal record, and I all ready payed for the civil demand so their actually gaining from this theft.

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Eh, not really. There is no profit in CD. What doesn't cover payroll and merchandise damaged goes to maintenance/upgrade of theft deterrent/detection equipment. And there isn't a whole lot for that.

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Quoting atrocite

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If they had taken me to court and sued me for damages, they would've never gotten $300 out of me because they have to prove to the judge how they came up with that figure in the first place.

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So long as it is within the state's CD guidelines, you're pretty much screwed. Even if they did get less than that, you would be out hundreds if not thousands in legal fees for your defense.

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Quoting atrocite

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Now if they want to charge me criminally then that's another story. I can always plead not guilty and ask for a public defender to work out something with the judge and give me a lighter charge like disorderly person. So either way, the store gets their money, but theft is not added to my criminal record, or so I've been told by some lawyers in avvo.com

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The lawyers would be quite wrong. You don't negotiate with the judge, you negotiate with the prosecutor. The prosecutor is NOT required to deal. They can go all the way if they want. And you will be out lots and lots of money in fines, court fees, PD fees, etc...

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Quoting atrocite

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I don't know if it has any relevance but the item was makeup retailing at $9.99. I heard most times they won't charge you criminally if it's a small item, no police are called on the spot, and you pay the civil demand. I don't know if this is true, but I'm hoping it is.

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That varies from company to company as well as other variables I'm not going to go into. Some companies will nail someone to the wall for a 99¢ item.

I have said before and no doubt will say again; the time to worry about potentially having a criminal record is BEFORE you commit a crime. Afterwards, it is out of your hands. If you get out of this without one, it will be the opt of the store and not because you "deserve" not to have one.