Law Office Asking Restitution: Did Not Leave Store with Merchandise
My question involves criminal law for the state of: New York.
I was recently in a department store and made a bad decision to take merchandise from the store. After walking around the store with the merchandise, I made a decision to dump the merchandise after I noticed Loss Prevention personnel following me. I DID NOT WALK OUT THE DOORS OF THE STORE. I DID however walk around most of the store trying to get rid of the merchandise because I realized it was a stupid idea and I would get caught. Regardless, I didn't attempt to leave the store. After getting rid of the merchandise, loss prevention got a hold of me, detained me, and asked me to sign a paper stating it was a record of the incident. Now i'm receiving notices asking to pay restitution in the amount of $500 pursuant to New York General Obligations Law § 11-105.
11-105 corresponds to Larceny in mercantile establishments: I was not convicted of larceny, and I did not attempt to leave the store with the merchandise. Whichever way you look at it, this surely cannot be legal can it? Will I be forced to pay this 500$? This is the same as me putting a package of gum in my pocket, and when i'm about to leave the store I put the gum back.
Someone PLEASE help!
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
You tried to steal and you got caught, right? So they are making a civil demand not based upon the loss of merchandise, but based upon the fact that thieves cost them money - do you think the LP's, security cameras, alarms, and other measures they take to catch thieves are free? (And unless you're a very rare case, this wasn't your first time stealing - stores have to cover the cost of stolen merchandise, and it's only fair that some of that cost fall on the thieves who are caught.)
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
Did you conceal any of the items?
"This is the same as me putting a package of gum in my pocket, and when i'm about to leave the store I put the gum back. " Thing is, when you put that gum in your pocket, you have CONCEALED it. Concealment is enough to press charges. Also, while you're walking around with that gum in your pocket, now you have L.P. tailing you and taping you - which is costing the store money.
As for that Civil Demand, if you don't pay it - you'll get another letter. If you don't pay it then, they sue you in Civil Court, and can add their attorney fees to it (and figure, those lawyers work at $200/hour). When they win the judgment, and you still don't pay, it will be reflected on your credit rating.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
Despite what Mr Knowitall says, you were not caught stealing, you were caught considering stealing, which is wrong but not something to support a civil demand case. Depending on exactly how you handled the item, you may have engaged in concealment,
but the NY civil demand statute does not mention concealment, but is based on the common law notion of larceny. Thus the knee-jerk response from PandorasBox is not relevant. The store would have a very hard time making a case for civil damages.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
You can listen to two of us with knowledge and experience....
Or a guy with 17 posts. Take your pick.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
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Quoting
rb271
Despite what Mr Knowitall says, you were not caught stealing, you were caught considering stealing, which is wrong but not something to support a civil demand case.
No, he admits that he was stealing. That means he was caught stealing. Whether or not they had a case that would support a prosecution is a separate issue.
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JGio
I was recently in a department store and made a bad decision to take merchandise from the store.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
Well, he admits he decided to steal, but he changed his decision before he actually stole.
He did not steal. Let's hope he is permanently frightened.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
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Quoting
rb271
Well, he admits he decided to steal, but he changed his decision before he actually stole.
He did not steal. Let's hope he is permanently frightened.
Nope, that's not the case. He concealed the merchandise with the intent to steal. Even if you believe his story that he felt fear and decided to put the stuff back but got caught by the LP guys before he had the chance, he's still criminally guilty. Frankly, the story doesn't wash.
They've got more than enough to make a civil liability suit stick.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
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flyingron
Nope, that's not the case. He concealed the merchandise with the intent to steal. Even if you believe his story that he felt fear and decided to put the stuff back but got caught by the LP guys before he had the chance, he's still criminally guilty. Frankly, the story doesn't wash.
They've got more than enough to make a civil liability suit stick.
Actually he did put the stuff according to what he said. The civil forfeiture statute in NY defines larceny according to 155.05 of the penal code, which makes no mention of concealment, but which does require wrongful taking. The OP's account makes no mention
of any action which was wrongful or inconsistent with the storeowner's property rights.
Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise
He admits he was stealing. He admits he was caught. What part of that doesn't resonate with you, such that you insist upon arguing that up is down?