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Minor Caught Committing Retail Theft
My question involves criminal law for the state of: Pennsylvania. I am 14 years old and was recently caught Shoplifting from a local kmart. I took about $25 worth of stuff. They said i was going to be fined at least $150. I signed a paper saying i was guilty and that i was not allowed back there. The guy said i wouldnt be getting in trouble by the cops. It was the first time i have gotten in any type of trouble with the law. They said my i did not have to go to court unless i pleaded not guilty. The only info the asked for was my name, adress, phone, number, etc. Will this be on my permanent record? If so how long will it be on there and would there be any possible way to clear it from my record? I do not want to hurt my chances with jobs or schools. Please help!
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Re: 14 Year Old Retail Theft
They are going to send you a civil demand letter in the mail. Pay it and this should go away. This is your warning as a minor to straighten out your act. Remember this, when you make choices in the future.
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Re: 14 Year Old Retail Theft
it's time to go get one of your parent's and tell them what is going on.
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Re: 14 Year Old Retail Theft
Disagreeable and jk speak the truth.
At 14, it's kind of your birthright to do stupid things, but for the love of all that is sacred and profane, please restrict your future Stupid Human Tricks to things that are LEGAL. You can screw your life up in very real and permanent ways when you break the law, even as a minor.
And yes, you really need to tell your parents. I don't know very many 14 year-olds who can afford a $150 anything on their own.
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Re: 14 Year Old Retail Theft
I've got to ask this question - you are 14 yrs. old. Who were you released to?
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Re: 14 Year Old Retail Theft
Let me tell you my story. I went to municipal court, plead not guilty and the prosecutor only dropped the fine from $300 to $100 because it was my only offense. I did a background check on myself and no arrest records came up (probably because I wasn't fingerprinted or handcuffed after that incident). My municipal ordinance violation also didn't show up CCAP (Circuit Court Access Page). From what I heard, the store CAN sue you. Will they? Probably not. I didn't pay the civil demand and they never sent anymore letters back after my lawyer sent them a cease and desist letter. I checked my local courthouse, too, and their supposedly "of counsel" attorney in my state has NEVER been a plaintiff in any cases at all, only a defendant. It bothers me sometimes why some people on this forum recommend paying this demand when it ISN'T a legal debt (sending the letters are legal to do, but they HAVE to file a civil lawsuit against you to have any weight on getting money from you). And, from my experience in civil lawsuits, nobody around here is going to sue for $200... suits usually go from about $1000+ on average. Do what you want, I'm not giving you legal advice, neither are some people from here as well, because laws between states vary very drastically sometimes.
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Re: Minor Caught Committing Retail Theft
Civil demands are usually legislative in nature. They usually allow an ever increasing amount based on attorney fees. The company that sends the letter is not necessarily the lawyer that goes to court.
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Re: Minor Caught Committing Retail Theft
Quote:
Quoting
Disagreeable
Civil demands are usually legislative in nature. They usually allow an ever increasing amount based on attorney fees. The company that sends the letter is not necessarily the lawyer that goes to court.
Read this article about what happened to Mr. Chen.
This should ring a bell: Home Depot Accused Shaking Down Shoplifters
Quote from the story/source itself:
Quote:
Home Depot and the law firm, he said, were playing a numbers game: They don't need to go to the trouble and expense of suing. They just need to scare enough people, whether guilty or innocent, into settling their claims. About 20 percent of people who get the threatening letters, he said, settle and pay the demanded fees. That practice, he said, nets the law firm, which provides the same service for other retail clients, millions of dollars. The firm remits about 75 percent of what it collects to clients, such as Home Depot, and keeps the rest, he says.
See to it what you see fit.
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Additional Information:
To the OP, please take the civil demand letter to a local lawyer and have him/her check it out. Don't listen to any advice given online because some advice may be from ex-Loss Prevention officers, or even current Loss Prevention officers. Don't take any legal advice from any legal site claiming to give legal advice at all; always do it locally and in-person! Also, you could be admitting to something you wouldn't have admitted to if you didn't post this online.
I know that I'm just a complete stranger to you, but, who would you trust? Some people who you don't even know that are recommending you pay the demand, or someone who is actually giving you advice to ACTUALLY talk to a local lawyer first and has been involved in this kind of situation before?
Let me make things straight:
1) Criminal Records
If you were charged under a "Municipal citation or Forfeiture," that is NOT a crime and will not go on your criminal record but it'll stay in municipal court records and possibly police arrest records (if the police ever arrested and fingerprinted you). Note: Getting fingerprinted means that it'll show up in a background check, but it'll show up as an ordinance violation, which again, is NOT a crime. If you were, on the other hand, charged with a Misdemeanor or possibly a Felony, finding a job will be very hard unless you can expunge them. Felonies are probably one of the hardest to expunge, and many courts will NEVER allow you to expunge them. Misdemeanors, contrary to Felonies, can be expunged after a certain amount of years (depends on your state).
2) Civil Recovery Demand
Many retail/grocery stores has retainers with other collection firms (most of the time they're located out-of-state in California, New York, Florida). You are not required by law to pay these demands and they CANNOT affect your credit unless you have been sued in small claims/civil court. The chances of them suing you is one in a million. Unless you stole hundreds of dollars worth of items, they're not going to sue you for items that are <$50 in value, probably not even <=$150 in value. I am not encouraging anybody to steal, stealing is wrong! I am just giving you my first-hand experience at this. Again, take the letter to a lawyer to confirm if you're liable for ANY damages at all.
3) Criminal Court/Municipal Court
Once you received your citation/fine, you'll probably get about a month until your court date. Depending on the seriousness of the citation you'll probably want to hire a lawyer. If it's only an ordinance violation or a forfeiture, a lawyer is probably not needed. Find some local lawyers, call and ask them if they offer "free consultations." Try to find specific firms that specialize in "Criminal Defense / Criminal Law." They almost always give you 30-minute free consultations, and if they're generous enough, a whole hour worth! You're saving hundreds of dollars there, my friend. Anyways, SHOW UP to your court date and dress nicely; that can actually change what Judges/DAs/SSAs/etc. think of you as a person. Sometimes not. But ALWAYS dress up nicely as if you were going to church. Always see if you can get a "plea deal" ahead of time, or if you can't for some unfortunate reason, plea "Not Guilty" at your first trial and talk with the prosecutor. Pleading "Not Guilty" doesn't mean you didn't do the crime, it means that you want the State to prove you guilty. Have you or your lawyer (especially if you have a lawyer) do the plea deal and plea to some lower charge, or possibly a no conviction.
I understand since you are a minor, this probably won't show up in your criminal records when you turn 18 and successfully seal off your records, but this is for other people that has also been in the same situation I was in.
NOTE: Pay off your fines before the due date or there will be a "Contempt of Court" and that is BAD. This basically means you didn't follow the Court's orders and you'll most likely get arrested and if you were plead down a lower charge, it'll be back up to the original charge. You'll also be facing possible jail time, SO NEVER FORGET TO PAY YOUR DUES BEFORE THE DUE DATE! NEVER!
I hope that I am giving you good advice (it is to be taken generally, of course) and that you have learned from your lesson. I also do hope that people who are looking forward into shoplifting in the future will stumble upon this forum and specifically upon my posts and learn that shoplifting is bad and can ruin a person's whole reputation.
Take care and live your life to the fullest.
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Re: Minor Caught Committing Retail Theft
I would be very cautious about the last posters advice concerning ignoring a civil demand. Some companies are quite agressive about them, others not so much but be cautious as if you refuse to pay and they do sue you, the cost to resolve the issue will increase due to the court and legal fees. Not try of to scare you bit just honest.
Claiming a a million to one chance the will sue is very unrealistic...period.
Remember, it isn't me or the poster that has to deal with your decisions and live with the results. Just don't blow off the deman thinking it will end there. Investigate the company and their reputation in regards to suing if you want to consider ignoring them but don't just blow them off.
regarding taking the letter to an attorney: weigh the costs. Attorneys do not work for free. If it costs more to go to an attorney than just paying the demand, it's a no brainer. If the cost of the attorney is cheap enough, remember, his advice may also be to pay the demand. Then you have his cost plus you still have the civil demand.
in the end, it's your call. You decide what you think is right and go with it.
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Re: Minor Caught Committing Retail Theft
Jason tells really nice stories. It would help if he focused on the facts. Little things like OP already signed a confession.
§ 8308. Damages in actions on retail theft.
(a) General rule.--In a civil action based on retail theft,
as defined in 18 Pa.C.S. § 3929(a) (relating to retail theft), a
court of competent jurisdiction shall utilize the following
remedies:
(1) Order the defendant to restore the merchandise to
the plaintiff in its original condition, if possible.
(2) Award damages as follows:
(i) If it is not possible to restore the merchandise
in its original condition under paragraph (1), award the
value of the merchandise as damages.
(ii) Award actual damages arising from the incident.
Damages under this subparagraph do not include the loss
of time or wages incurred by the plaintiff in connection
with the apprehension and prosecution of the defendant.
(iii) Award reasonable attorney fees and reasonable
court costs.
(3) Award a civil penalty to the plaintiff in the amount
of the value of the merchandise plus $150.
(b) Minors.--If the defendant is a minor, the act of July
27, 1967 (P.L.186, No.58), entitled "An act imposing liability
upon parents for personal injury, or theft, destruction, or loss
of property caused by the willful, tortious acts of children
under eighteen years of age, setting forth limitations, and
providing procedure for recovery," applies.
(c) Criminal disposition.--Criminal prosecution under 18
Pa.C.S. § 3929 is not a prerequisite to the applicability of
this section.
(d) Limitations.--
(1) The plaintiff shall send a notice to the defendant's
last known address giving the defendant 20 days to respond
before a civil action may be commenced.
(2) No civil action under this section may be maintained
if the defendant has paid the plaintiff a penalty equal to
the retail value of the merchandise, not to exceed $500, plus
the sum of $150.
(e) Release.--If the person to whom a written demand is made
complies with such demand within 20 days after the receipt of
the demand, that person shall be given a written release from
further civil liability with respect to the specific act of
retail theft.
(Nov. 21, 1990, P.L.563, No.141, eff. 60 days)
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Re: Minor Caught Committing Retail Theft
Quote:
Quoting
Disagreeable
Civil demands are usually legislative in nature. They usually allow an ever increasing amount based on attorney fees. The company that sends the letter is not necessarily the lawyer that goes to court.
All Civil Demands are legislative in nature.
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Re: 14 Year Old Retail Theft
My lawyer had me do a 'no contest' plea also known as nolo contendere for a reason. Depending on which State you live in, a plea of no contest for a minor criminal charge can't be used against you in a civil lawsuit. OP, consider pleading this if you're given no other choice, but if you have an attorney, listen to him/her instead. A court CAN refuse your no contest plea depending on the seriousness of the event, but this will be a life saver in the end.
Note: A no contest plea is an equivalent of a guilty plea. You're just not admitting guilt/contesting the court case any further is what the plea basically means. You'll be convicted, so make sure you get an attorney if you're confused on how to continue.
Quote:
Quoting wisegeek.com
One reason a defendant in a criminal court case may decide to plead no contest is the potential for a costly civil lawsuit at a later date. By pleading nolo contendere to a relatively minor criminal charge, he or she could pay a fine, spend a minimal amount of time in jail, or perform community service. Only a few general details of the criminal trial proceedings could later be brought up in a civil trial. If a public figure assaults an intrusive tabloid reporter, for example, he or she could plead no contest to simple assault charges during the criminal hearing and receive a relatively minor sentence. If that same reporter decided to sue the public figure for damages in a civil lawsuit, the defendant's no contest plea could not be construed as an admission of guilt, and there would be no detailed allocution to enter as evidence.
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Re: 14 Year Old Retail Theft
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Quoting
Security Consultant
I've got to ask this question - you are 14 yrs. old. Who were you released to?
I was released to my parents, sorry i forgot to mention that in the paragraph
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Re: 14 Year Old Retail Theft
Quote:
Quoting
JasonAe
My lawyer had me do a 'no contest' plea also known as nolo contendere for a reason. Depending on which State you live in, a plea of no contest for a minor criminal charge can't be used against you in a civil lawsuit. OP, consider pleading this if you're given no other choice, but if you have an attorney, listen to him/her instead. A court CAN refuse your no contest plea depending on the seriousness of the event, but this will be a life saver in the end.
Note: A no contest plea is an equivalent of a guilty plea. You're just not admitting guilt/contesting the court case any further is what the plea basically means. You'll be convicted, so make sure you get an attorney if you're confused on how to continue.
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but this will be a life saver in the end.
Not for the OP it won't.
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I signed a paper saying i was guilty and that i was not allowed back there.
and to correct you, a nolo contendre plea cannot be used against you in any court but the purpose is not that. It is to avoid admitting guilt which could be used against you in another court process.
. WHile a guilty plea is an admission and acceptance of guilt, a nolo contendre plea simply is that you do not accept or admit guilt but you agree to accept the consequences as if you were found guilty.
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Re: Minor Caught Committing Retail Theft
Thank you for the post it really helped me know more about my situation. I really appreciate it
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Re: 14 Year Old Retail Theft
Quote:
Quoting
jk
and to correct you, a nolo contendre plea cannot be used against you in any court but the purpose is not that. It is to avoid admitting guilt which could be used against you in another court process.
. WHile a guilty plea is an admission and acceptance of guilt, a nolo contendre plea simply is that you do not accept or admit guilt but you agree to accept the consequences as if you were found guilty.
Rewording words for the win.
That court process you speak of, is also known as a 'civil lawsuit,' (because you can't be tried criminally twice for the same crime unless it wasn't resolved) which obviously takes place in court.
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Quote:
Quoting
JasonAe
Note: A no contest plea is an equivalent of a guilty plea. You're just not admitting guilt/contesting the court case any further is what the plea basically means. You'll be convicted so make sure you get an attorney if you're confused on how to continue.
That quote, tho' -- Best phrase ever.
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Re: 14 Year Old Retail Theft
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JasonAe;760181]Rewording words for the win.
That court process you speak of, is also known as a 'civil lawsuit,' (because you can't be tried criminally twice for the same crime unless it wasn't resolved) which obviously takes place in court.
Um, I know what a civil suit is but what is your point? Strangely enough, you can effectively be tried for the same crime twice in many situations but that isn't my point;
a nolo contendre cannot be used against you in any court, including another criminal trial. You seem to be ignoring the fact that the defendent may face other criminal charges either in associtation with the current issue or in the future where a plea of guilty could be damaging to their defense in those cases. It isn;t applicable for only some subsequent civil proceeding.
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That quote, tho' -- Best phrase ever.[/QUOTE]
No, not the best quote because depending on the state, you will not be considered to be "convicted". You will be found guilty. Is there a difference? Sometimes but irrelevant. I just want to make the point you are wrong.
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Re: 14 Year Old Retail Theft
Quote:
Quoting
jk
Um, I know what a civil suit is but what is your point? Strangely enough, you can effectively be tried for the same crime twice in many situations but that isn't my point;
Once you are convicted and found guilty, that is that. Have you ever heard about "Double Jeopardy?" It's time to do a little research before blurting out an answer. Unless, and UNLESS there is more evidence introduced, a person can't be tried for the same crime again (in this case, Retail Theft).
Quote:
Quoting
jk
a nolo contendre cannot be used against you in any court, including another criminal trial. You seem to be ignoring the fact that the defendent may face other criminal charges either in associtation with the current issue or in the future where a plea of guilty could be damaging to their defense in those cases. It isn;t applicable for only some subsequent civil proceeding.
It's spelled out "nolo contendere," but that isn't what we're both worried about. Well, since the story is ABSOLUTELY limited because we don't know the actual and specific facts up in-person, we're going to assume that this is the only criminal charge he has. Unless, you wanted to include the fact that he has a first-degree murder for attempting to escape LP and the officer by killing somebody. But, that would be irrelevant because we're only given the facts that the OP initially posted.
Quote:
Quoting
jk
No, not the best quote because depending on the state, you will not be considered to be "convicted". You will be found guilty. Is there a difference? Sometimes but irrelevant. I just want to make the point you are wrong.
Pleading 'guilty' results in a guilty charge.
Pleading 'no contest' means that you don't intend to continue contesting the court, BUT the court will find you GUILTY.
:)
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I'm also going to assume that you live in the United States and not in the UK. ;)
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Re: 14 Year Old Retail Theft
Quote:
JasonAe;760193]Once you are convicted and found guilty, that is that. Have you ever heard about "Double Jeopardy?" It's time to do a little research before blurting out an answer. Unless, and UNLESS there are more evidence introduced, a person can't be tried for the same crime again (in this case, Retail Theft).
you might want to do a bit of research regarding what appears to be double jeopardy but has been ruled to not be such when a state authority and a federal authority both prosecute for what appears to be the exact same crime.
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It's spelled out "nolo contendere,"
yep, it is. That's a bad habit (spelling it incorrectly) and my spell check doesn't correct it for some reason.
but that isn't what we're both worried about.
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Well, since the story is ABSOLUTELY limited because we don't know the actual and specific facts up in-person, we're going to assume that this is the only criminal charge he has. Unless, you wanted to include the fact that he has a first-degree murder for attempting to escape LP and the officer by killing somebody. But, that would be irrelevant because we're only given the facts that the OP initially posted.
You can assume whatever you want but the fact remains, while you limited your claim of value to only a very limited situation, I told you that is not the only reason such a pleading could be important.
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Pleading 'guilty' results in a guilty charge.
a guilty charge? What's that. Did you mean maybe a finding of guilty as charged? There is a difference in what you said and what I said.
It results in a finding of guilt but that is not what you said. You said it resulted in being convicted. In many situations you would be right but there are situations and reasons to differentiate between a finding of guilty based upon a guilty plea and being convicted and being ruled guilty.
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Pleading 'no contest' means that you don't intend to continue contesting the court, BUT the court will find you GUILTY.
actually, again you are wrong. What it means is you are intentionally not admitting to being guilty of the charge but you will accept being treated as if you were found guilty. Again, that does not mean you stop all contests before the court as the finding of guilt is but one part of even a criminal trial. There are other phases of a trial and other concerns where although you accept a finding of guilt by the court, you would still defend yourself to achieve a result different than the court may order otherwise.
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Re: 14 Year Old Retail Theft
You are truly not a master of rewording and changing answers.
Quote:
Quoting
jk
You seem to be ignoring the fact that the defendent may face other criminal charges either in associtation with the current issue or in the future where a plea of guilty could be damaging to their defense in those cases.
**
Quote:
Quoting
jk
You can assume whatever you want but the fact remains, while you limited your claim of value to only a very limited situation, I told you that is not the only reason such a pleading could be important.
Please, quit jumping around and being ignorant. And, as I said in my original post, pleading 'No Contest' cannot be used against you in a civil lawsuit, but I was only specifically talking about civil lawsuits itself. I didn't say I was excluding criminal cases as well.
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actually, again you are wrong. What it means is you are intentionally not admitting to being guilty of the charge but you will accept being treated as if you were found guilty. Again, that does not mean you stop all contests before the court as the finding of guilt is but one part of even a criminal trial. There are other phases of a trial and other concerns where although you accept a finding of guilt by the court, you would still defend yourself to achieve a result different than the court may order otherwise.
If I am so wrong, could you please go to your local DA or SAS and do an interview for me? Different states could define the word 'no contest' differently because every state has slightly different to extremely different laws (for example: some states don't have a death penalty whereas others do). I'm pretty sure you are the wrong one, but again, state laws define crimes differently.
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Re: 14 Year Old Retail Theft
I am not attempting to change an answer. Mine was what I intended it to be from the moment I posted it. I am simply attempting to clarify it such that a person that apparently has no real understanding of the subject of the conversation might begin to understand what I said originally.
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Please, quit jumping around and being ignorant. And, as I said in my original post, pleading 'No Contest' cannot be used against you in a civil lawsuit, but I was only specifically talking about civil lawsuits itself. I didn't say I was excluding criminal cases as well.
so go back and read what I posted. It started out with:
(paraphrased): such a plea cannot be used against you in any court.
I'm not understanding what your point is. Do you want me to limit the information provided to only what you see in your little world or do you think you would benefit from understanding how the issue applies in the larger sense?
Quote:
If I am so wrong, could you please go to your local DA or SAS and do an interview for me? Different states could define the word 'no contest' differently because every state has slightly different to extremely different laws (for example: some states don't have a death penalty whereas others do). I'm pretty sure you are the wrong one, but again, state laws define crimes differently.
I'm pretty sure I am right but apparently you are not capable of understanding what I am trying to tell you and I am not inclined to spend any more time trying.
You take care and stay out of trouble such as whatever it may have been that led you here looking for answers
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Re: 14 Year Old Retail Theft
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Quoting
jk
I am not attempting to change an answer. Mine was what I intended it to be from the moment I posted it. I am simply attempting to clarify it such that a person that apparently has no real understanding of the subject of the conversation might begin to understand what I said originally.
so go back and read what I posted. It started out with:
(paraphrased): such a plea cannot be used against you in any court.
I'm not understanding what your point is. Do you want me to limit the information provided to only what you see in your little world or do you think you would benefit from understanding how the issue applies in the larger sense?
I'm pretty sure I am right but apparently you are not capable of understanding what I am trying to tell you and I am not inclined to spend any more time trying.
You take care and stay out of trouble such as whatever it may have been that led you here looking for answers
I'm done trying to prove a point in which seems to continue on everlastingly. OP, from now on, follow " jk's " advice and hopefully that will lead you out of legal trouble and back into reality. "My little world?" or do you mean, your little world? I'm basing my answers on general advice (general, because each state has different laws and regulations as I previously stated).
And, I believe you aren't capable of what I'm trying to tell YOU. You seem to be consistently extending my answers into an even more broader point of view, but that isn't questionable at this point of time.
I came here for the same advice similar to the OP's. But, unfortunately, answers on this forum seem to be biased and only focused on one thing, bash the OP and anybody who supports him. I clearly understand that now.
OP, as a general statement, take advice from a local lawyer and don't take any advice from any online forums claiming to give "free legal advice."
Take care.
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Re: 14 Year Old Retail Theft
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JasonAe;760209]I'm done trying to prove a point in which seems to continue on everlastingly. OP, from now on, follow " jk's " advice and hopefully that will lead you out of legal trouble and back into reality. "My little world?" or do you mean, your little world? I'm basing my answers on general advice (general, because each state has different laws and regulations as I previously stated).
we were beyond advice for the OP and discussing legal principles and theory. Maybe that is why you were having such trouble.
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And, I believe you aren't capable of what I'm trying to tell YOU. You seem to be consistently extending my answers into an even more broader point of view, but that isn't questionable at this point of time.
I understand what you are trying to tell me completely. I am either correcting you when you are wrong or trying to explain why your limited answer may not be applicable to all situations (which, btw, you are the one that posted your statements as having a blanket application rather than addressing specifically the OP's issue).
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I came here for the same advice similar to the OP's. But, unfortunately, answers on this forum seem to be biased and only focused on one thing, bash the OP and anybody who supports him. I clearly understand that now.
I guess your teachers at school are bashing you as well when they mark one of your test answers incorrect. Sorry dude but that's life. You can either learn from it or go on thinking everybody else is wrong and you are right. I know which one gets you further in life if you want to know.
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OP, as a general statement, take advice from a local lawyer and don't take any advice from any online forums claiming to give "free legal advice."
but yet you were tossing out all sorts of "free legal advice" that I presume you intended for the OP to take, right? Gee, a bit hypocritical maybe?
It's not my fault you got all butt hurt because somebody corrected you. If that is your normal attitude in life, once you are old enough to go to college and then enter the real world, I suggest you buy a very large soft pillow because you are going to be so butt hurt you will never be able to sit down.
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Re: 14 Year Old Retail Theft
jk, if I'm old enough to afford a lawyer and continue my 2nd year into graduate school, I'm pretty sure I'm old enough. And, how were you correcting me? All the points I made before were mainly towards OP's situation, AND NOT ALL APPLICABLE SITUATIONS; of course, you can't just have one magical solution to all your problems in this world. I wasn't being hypocritical, I originally told him not to follow advice from an online forum and to consult with a local lawyer, but you probably didn't notice, obviously. I also stated that my advice was to be taken generally meaning that it wouldn't apply towards every state in the United States.
And, for your information, I'm fine with being corrected and having somebody oppose me for the points that I make, but unfortunately you're assuming that I'm either "butt hurt" from it, or that I am too young to understand the legal world.
I so do love online arguments, don't you, too?
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Re: Minor Caught Committing Retail Theft
I got the same letter from Palmer, Reifler and Associates and the letters stopped coming. Many attorneys advised me not to pay and it has been a year since I got my last letter. Back then I had a lawyer and was told not to pay the civil demands and I didn't get taken to small claims court and my credit was unaffected since then. Jason, did anything happen? The statutes of limitations for me has ran out according to my lawyer.
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Re: Minor Caught Committing Retail Theft
Quote:
Quoting
Sam4
I got the same letter from Palmer, Reifler and Associates and the letters stopped coming. Many attorneys advised me not to pay and it has been a year since I got my last letter. Back then I had a lawyer and was told not to pay the civil demands and I didn't get taken to small claims court and my credit was unaffected since then. Jason, did anything happen? The statutes of limitations for me has ran out according to my lawyer.
Nothing.
Here, read this online article posted on ABC news that talks about Palmer, Reifler & Associates and it also refers to other collection firms as well: http://abcnews.go.com/Business/home-...ry?id=20201531
Remember, this demand is not a debt, only a "demand." If you were to pay restitution and investigation costs to the store it WOULD BE THROUGH the Judge or District Attorney themselves, NOT a collection firm. Many retail stores partner up with out-of-state collection firms nowadays because they get 10-50x as much money compared to actually asking the Judge/DA for restitution payments.
This is not legal advice, and only general advice. If you're looking for specific answers, talk with a local attorney... or talk with the lawyer you hired in the past. Hope I helped. :)
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In addition:
I have seen some cases where the Judge/DA dismissed the theft charge because the person committing the theft showed them the civil demand letter. I was in the public court sessions when this happened, and yes, EVERYONE who was accused of committing petty theft had this letter and many of them had their charges dismissed. The only people who didn't get their charges dismissed were the people who had multiple theft violations, but the civil demand letter is in no way a legal debt.
Also, do note, paying the civil demand is a guarantee that your name will be listed in the National Retail Theft Database. This is one of the prerequisites needed to have proof that you are indeed a thief. Yes, even non-theives are put into this database because of being falsely accused of retail theft and payed the demand out of fear.
I hope you learned your lesson about shoplifting and I do hope that you think twice before committing any action that may potentially violate legal laws.
Have a good life. :)
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Sam, I also wanted to add something else so that people will know and take action against these firms.
This is extremely unfair against parents of normal teenagers and teenagers themselves who do idiotic things everyday. There was a recent FBI investigation that stated that 30% of all the store's losses were from shoplifters browsing through the store. But, 70% of all those thefts were internal, meaning that employee theft and management theft summed up most of those losses. Why make a teenager who has no current job/a low-paying job pay $400 for a silly $5-10 item? This is why most of these firms don't sue, they know that they'll be meeting an angry Judge and that collecting from someone with a low-paying job would be extremely difficult. Many of these teenagers don't even have a credit report anyways, and... disputing a non-debt is fairly an easy thing to do; mainly because even if the collection firms put it on the teenager's credit as a debt owed, IT'S JUST PLAIN ISN'T!
I was contemplating whether or not to file a complaint against Palmer and Reifler by sending in a letter to the Florida Bar, but seeing that many people have already filed their complaints, I'll leave mine until necessary.
Sam, your SOL has already expired. No worries, my friend.