Printable View
My question involves criminal law for the state of: New Jersey.
I was wondering if I pay off the Civil Demand, what are the chances of kohl's taking my to court? I am only 16. Also my mom said the cops came to our house asking for my information, what does this mean?
Thanks.
That means it's likely they are going to charge. Paying the Civil Demand has nothing to do with the likely criminal case. Kohl's can do both in New Jersey.
Well I called Kohl's security and they told me that if I payed off the Civil Demand that they will not send this to the police. What are the chances of me going to court with or without paying the Civil Demand?
Have your parents pay that civil demand - or your parents can be sued in Civil Court, and it will cost a lot more money, and can affect their credit rating.
Also....then the store is more likely to hand that file over to the cops....
Can I write a letter with the payment stating that, if they accept my money order, "It would if, in exchange for your money, you get a PROMISE in WRITING from the store that they won't call the cops over this incident. If they WON'T give you such a promise, and I doubt they will, why should you pay? You gain nothing."
ALSO, is it extortion if the letter says, "This letter is a demand that you pay $150.00 in satisfaction of this civil claim. This is not an attempt to collect a debt. If you do not believe that you are the person responsible..."
Edit: Even if I pay the civil demand, wouldn't they still be able to sue me? Thus myself receiving a criminal record?
You can write such a letter if you want. It'll give the clerk who opens the mail a good laugh. It will NOT be binding on the store.
No, it is not extortion for them to collect a civil demand.
If you didn't want a criminal record, you shouldn't have committed a criminal act. It is no longer within your control whether you end up with one or not.
So just to sum it all up, whether or not I pay the civil demand, they will still have the power to take me to court/sue me? LP at Kohl's told me that if I payed the fine, then they will not file this to the police.
Edit: I'm guessing there's no point in paying the Civil Demand if they're going to take me to court regardless...
Yes. Whether or not you pay the civil demand, the law in your state still gives them the right/power to call the police and file criminal charges. (They don't need to go to the bother of suing you - they can just call for the cops to arrest you. Much simpler and cheaper for them. So you probably don't have to worry about being sued.) Just because the LP officer says they won't, doesn't mean they don't have the right.
But the flip side is, just because they have the right, doesn't mean they will.
You're going to have to take your chances either way. You set this all in motion by stealing. Now you just have to wait for it all to play out.
I trust you have told your parents about this so that they can call a lawyer? And set things in motion so that you can gradually pay them back for the cost they're going to have to shell out because of your thievery?
If I pay the fine, the chances of being arrested/sued is lower or no?
And yes my parents know, but they will not call a lawyer for me because of money issues/being my fault. What is the maximum cost I'd possibly have to pay? I'm curious as to what the worst situation possible is.
Just drop sued. You'll either be criminally charged, or nothing will happen. You won't be sued.
If we ever get the crystal ball out of the shop, we'll tell you what your chances of being arrested are if you pay the civil demand. Until then, it's variable with the store, and we don't know how the odds run with this store.
The worst case scenario is several thousand dollars.