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Consequences of Getting Caught Stealing at Walmart

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  • 11-20-2012, 06:00 PM
    queenly
    Consequences of Getting Caught Stealing at Walmart
    My question involves criminal law for the state of: Tennessee
    Alright. I shoplifted from Walmart. It was wrong, but you can rest easy knowing it was my first and last act of defiance.
    It was roughly $100 worth, the lp got me, took me to the back, took my picture, and made me sign some papers. I've been banned from the store for a year. The police were called and I was given a citation but not arrested. I paid the $130 citation. What happens next? I haven't yet received a civil demand or anything from Walmart. But if I do, should I pay it or what? The lp told me that Walmart does press charges. And I am over 18. Someone please enlighten me: if I do receive a civil demand do I need to pay it? Im really wanting to keep this out of court and I can't afford a lawyer. I'm worrying myself sick here. I have learned my lesson and just want to put this behind me.

    Let me also add that as far as damages go, there was only like $3 if that. All the other merchandise was simply restocked.
  • 11-20-2012, 06:19 PM
    Lehk
    Re: Help
    if you don't pay a civil demand, expect them to garnish your wages up to 25%

    the law protects you from being fired for a single wage garnishment.

    however if your employer gets the garnishment order and decides to (legally) snoop a bit and discovers it's for shoplifting, it is legal in all 50 states to be fired for committing theft and it's likely too I would certainly fire an employee for a current shoplifting conviction.

    also expect bank accounts to be frozen and your credit to turn to crap with an unpaid judgement on it (and not just any judgement, serious creditors are going to poke further and discover it was for theft)

    and after the criminal charges go through you are much more likely to stay out of jail and get probation if you do pay your civil demand, and it would almost certainly be part of a probation requirement anyways
  • 11-20-2012, 06:34 PM
    queenly
    Re: Help
    Okay. I'm mostly just wondering that if I do receive a civil demand if I should pay it.I've asked around and a lot of people have told me not to. Also, on the citation I received, there was a court date, but the police officer told me that I only had to appear if I needed more time to come up with the money. But on the receipt I received after paying the fine, the same court date was written. I was not told I had to appear in court. I'm still totally lost on this civil demand stuff though.
  • 11-20-2012, 06:43 PM
    cbg
    Re: Help
    Were "a lot of people" lawyers?
  • 11-20-2012, 07:01 PM
    queenly
    Re: Help
    Yes. More specifically, criminal attorneys. But they were online so I'm skeptical
  • 11-20-2012, 07:04 PM
    PandorasBox
    Re: Help
    The Civil Demand....it works like this. You will get one in the mail, for a certain amount. If you don't pay it, you will get another notice with approximately double the amount of the first. If you don't pay, third notice...and it increases again. Don't pay that...the store files a Civil Lawsuit against you. They have 99% chance of winning. If you don't pay - your credit history is screwed....

    A screwed credit history means it will affect your ability to get an apartment, lease or purchase a home, lease or purchase a car....credit card offers/limits....

    $3.00....no. You deprived the store of the right to sell the merchandise you attempted to steal. What you attempted to steal, someone could have purchased. So you are in for the full amount, full retail price, no sales prices. By the way...$100+ worth of merch means it was not your first time stealing...it was your first time being CAUGHT stealing...

    Your ban from the store includes ALL WalMarts. Likely Sam's Clubs also. Don't even think you will go on vacation and go into another WalMart......
  • 11-20-2012, 07:38 PM
    queenly
    Re: Help
    I was seeking advice, not judgment. I know exactly what I've done and what the consequences are. I only ask about the civil demand letter because I was told that paying it didn't necessarily keep the company from suing me anyways. And that most of the time the company would lose money by taking me to court instead of dropping it. And secondly, by damaged goods, I meant items that COULD NOT be put back on the shelf. I understand what you're saying, but in all reality, they actually lost 3 dollars.
  • 11-20-2012, 08:13 PM
    Lehk
    Re: Help
    Quote:

    Quoting 39-14-105
    . Grading of theft

    Theft of property or services is:

    (1) A Class A misdemeanor if the value of the property or services obtained is five
    hundred dollars ($ 500) or less;

    Quote:

    (e) The authorized terms of imprisonment and fines for misdemeanors are:

    (1) Class A misdemeanor, not greater than eleven (11) months twenty-nine (29) days
    or a fine not to exceed two thousand five hundred dollars ($ 2,500), or both,
    unless otherwise provided by statute;
    Quote:

    Quoting 39-14-144
    Civil liability of adult, parent or guardian for theft of retail merchandise by minor.

    (a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability, should the merchant prevail, as follows:

    (1) For the adult or emancipated minor:

    (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;

    (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or

    (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or


    it looks like the civil demand is an alternative to criminal prosecution in Tennessee, so it would really be in your best interest to pay if you get a civil demand instead of provoking them to go for criminal charges instead.
  • 11-20-2012, 09:52 PM
    queenly
    Re: Help
    Okay thanks! Two questions: 1. How many days will they give me to pay it?
    2. What is the maximum fine on a civil demand in TN?
  • 11-21-2012, 05:37 AM
    PandorasBox
    Re: Help
    1. The amount of time varies. Some can be 10 days, some 30. You can also call the number listed and make a payment plan arrangment, if they will allow it.


    2. I would expect $300+.
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