Massachusettes Law on Civil Demand Prosecution
My question involves criminal law for the state of: Massachusettes
So I was caught shoplifting about $19 worth of deli food a while in the month of October. I exited the store, friend was with me, he had gotten away, but I stayed and cooperated to the fullest extent. Gave my ID, guy made me sign a letter saying I acknowledge what I had stolen and signed it (I read it over, and it said the two items I did). Police was never involved.
I had received a letter a month later saying I had 7 days to pay a fine of $275. I could not afford that payment at the time so I ignored it. I received a second one saying I had until 12/30 to pay it otherwise they will file suit against me.
Well, I went to USPS and got a money order immediately, and send it out. With confirmation number and everything. It says they had received it by the 27th, and I filled it out correctly by writing my name and the case # on the check (but that was it, in a white envelope). I am highly concerned that they may not process it correctly or update their records. I have tried calling them many times, but all I get is an answer machine that I leave my name, number, and case number. I have even left the confirmation # from the USPS to let them know they received it. Is this enough?
So here are my two questions~
If they do update their records with receiving the settlement, can they prosecute further? Have I said too much? Should I expect a letter confirming the settlement?
and
If they are unable to update their records, and they do not get back to me other than advancing the suit, what rights do I have in confirming what actions I have taken? I have the receipts of all transactions required to fulfill their civil demands.
Please do not lecture me on the wrongs I have committed - I have learned my mistake and have became a better man because of this. I am going to school, made a drunken mistake, and hope it will not affect my future.
Thanks for any of the help you may be able to bring.
Re: Massachusettes Law on Civil Demand Prosecution
The settlement forestalls a CIVIL lawsuit to recover that money.
It looks like you have sufficient evidence to show you paid, I'd send copies if they write you again asking for the money.
Re: Massachusettes Law on Civil Demand Prosecution
Your money order receipt and confirmation of delivery should be enough....and in Massachusetts, just because you pay the Civil Demand does not mean they can't prosecute you criminally. But, I doubt they will. Yes, you can expect a letter confirming payment.
Re: Massachusettes Law on Civil Demand Prosecution
Thank you guys.
My greatest concern is this going public, ie. my school finding out, my parents, etc. I have read somewhere (other law forum/blog/column that if it is under ~$25 theft they will not prosecute in criminal court. How valid is this claim?
And to maybe help out my anxiety, one more question to help out my concern...
If they do not update their records properly, how likely is it they would actually go to court after the second letter? Would they send a third letting raising the price? I would prefer this because then I can fight with them that I did, in fact, pay up instead of going in front of a judge.
Thanks again!
Re: Massachusettes Law on Civil Demand Prosecution
Sounds like you may be talking about Walmart. If that's the case the $25/ no prosecution is not true.
Re: Massachusettes Law on Civil Demand Prosecution
I'm not sure it is Walmart, but nonetheless, it is entirely at the discretion of the retailer whether to make a police complaint. Once a complaint is made the state (er, um, commonwealth) makes a determination if they are going to bring criminal charges. There's no "safe" amount to steal and escape prosecution as Security Consultant has already told you.
You're probably safe at this point if months have gone by and nobody from the DA/Police has tried to contact you. The worst that may have happened if you're at one of the chains that participates is that you've been reported to the National Retail Theft Database which may make getting a retail job difficult in the future.