First Offense Shoplifting of a $5 Item

My question involves criminal law for the state of: New York

Today I was recently caught shoplifting $7 worth of items in the mall. As I was in the store, the manager came up to me and asked me to empty my pockets where I did, without hesitation or resistance, and gave him the 2 items that were in my pocket. He then asked for my license and he copied down all my information and said he wouldn't call the cops. He did give me a letter titled "CIVIL THEFT NOTICE", which states that "As provided by state law, ________ Company may file a civil claim against you for damages resulting from retail theft. You may receive correspondence from our attorneys regarding this claim", and then it gives me a number to call in case of questions.

I am 17 years old and have only ever gotten a parking ticket. This was my first time shoplifting and I don't even know why I did it but it was dumb. I keep reading stories online about items around $10 being stolen which result in people paying up to hundreds of dollars in fines, is this true? I should be getting a letter home within a few days but I would much prefer if I could go about this whole ordeal without my parents knowing.

Since this is my first offense of theft, and the theft was $10, is it likely that I am going to get an ACD? I read stories about little thefts like these among minors which affect them greatly in the future, such as not being able to get jobs, go to certain colleges, etc. and I am quite terrified of that. I am ranked 10th in my class and am an all around great kid that has just made a bad decision and I'm pretty scared that this one decision may ruin the rest of my life.

Can anyone give me some advice on to what they think will happen? And what kind of charges I expect to face (since the police were not involved)? Will I just pay a civil claim for damages against the store and that is it, or will more happen? Any and all accurate information would be greatly appreciated, as I am shitting bricks just thinking about this ordeal. Thank you.

Is it $5 or $7? Either way, a big risk to take for trinkets.

Yes, when you steal from a store, the civil demand can easily be in the $hundreds. You're helping to defray the massive cost of theft to the store.

It doesn't sound like the store plans to charge you, and an ACD only becomes an issue if you're charged. No police, no charges.

So for even this small of items you don't think the store would charge me with a civil claim where I have to pay them money? So this letter they gave me was basically a scare tactic to not do it again since the cops were not called and i cooperated throughout the whole ordeal?

The civil demand and criminal charge are separate issues. So, again,

The store told you to expect a civil demand. You can thus expect to get a civil demand.

The store told you that it was not pressing charges, and was not calling the police. You can thus expect that you won't get charged, and thus don't need to be worrying over qualifying for an ACD.

Expect the letter to ask for $200, and hope it is less.

Time to advise your parents, because the letter can arrive today or it can take a couple months to arrive. Your parents may wonder why the sudden interest in bringing in the mail.....

Is it necessary that they know? Like do I need to go to a special place / court to pay the demand? Because if I could get around them knowing that is much preferable

The civil demand is payable to the store (or its agent). It's not a court issue unless you don't pay it and as a result of nonpayment they decide to sue you (and your parents). Instructions on payment will accompany the demand letter.

Who would your parents rather find out about it from? You? Or when the letter arrives while you are at school? Don't you think they will be suspicious that you are suddenly interested in bringing in the mail? Or they won't ask when a letter from a store or a law firm arrives? That letter can be from either "(the store)" or "The Law Firm of....". It may also be addressed to: "The parents of....".

Also, do you have the money available? Because if you don't pay it, your parents are gonna be real pissed when they find a judgment against THEM because their minor child shoplifted, didn't pay, they got sued, didn't know it, and their credit history gets screwed.

Wouldn't there be a given limit to pay the fine? I do have the money but I assume it would be 30 days or something to come up with the money.

The time-frame of the letter arriving is a whole different ball game. It depends on how many shoplifters were apprehended. If they have a huge case file, it can take weeks. If they have a small case file, it can be there within a week.

From the date mailed and they expect you to receive the letter...they can put a time limit on when to pay it. They may mail it today, 12/18...expect you to receive it by 12/21, and expect payment by January 15th.....for an example.

Next...when it arrives, since you have the money...go to the post office or your bank to obtain a money order (money orders obtained at a bank or post office can be cashed anywhere; m.o.'s obtained at a store can only be cashed at the same store chain).

Thank you so much for your help I greatly appreciate it.

You do think it will be a civil demand since the manager did not notify the police and since I was not taken into custody? Because I'm assuming if it was a legality issue (misdemeanor) that I would have had to talk to the police and my parents would have had to pick me up since I am a minor.

Just pay the civil demand immediately, and you should be fine.

Thank you so much for your help

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The Civil Theft Notice is from the Law Offices of Palmer, Reifler & Associates, P.A. I have been doing a bit of research about this and I have seen that many lawyers and people report that this is a scam? They advise not to pay the demand because it is not from an actual judge and the police were not involved. Also, they say that the company I stole from would waste money and time over suing for an item worth $5. I also immediately gave back the item that I stole so there were technically no "damages" resulting from the item being stolen, which is what they are filing a civil theft notice for.

I have also read that the minimum penalty for me to pay would be $75, and if I didn't pay on the first request, this "law firm" would send multiple letters in the mail requesting an increasing amount, and if I did not pay that they would take me to court.

Should I just not pay the demand? After all the research I've done and articles that I've read online, the majority of information I obtained says that this "law firm" is a scam because they are trying to scare me into paying them money by saying they will take me to court over a $5 undamaged item that was returned. Should I just call their bluff? I was reading an article on Wall Street saying that this company "sends out about 1.2 million such letters a year but follow up by suing fewer than 10 times a year." I feel that there is a .001% chance that the company would push for legal action over a $5 item that was undamaged and recovered.

Do you still advise that I pay?

Sources:
http://www.avvo.com/legal-answers/pa...s---23234.html
http://jpdefense.com/new-york-crimin...e-is-not-paid/
http://www.avvo.com/legal-guides/ugc...iminal-charges

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