Shoplifting Charges After Steaing from Sears

Recently i was charged with Shoplifting charges @ sears for a small amount around $50

I am a Non-US Citizen , spouse of person on work visa.

1. I was not arrested on my pleading , i was told i will get a letter @ home from court and i do not have any criminal / civil charges against my name. This was one hell of a mistake,not sure what my mind was going through.
2. I have received a letter from one of their lawyer firm asking to pay $150 as civil damages charges
3. I have also received a letter today stating a criminal case of type misdemeanor and asked to be present in court. - The scariest part is last statement says "If Probable cause is found at the hearing an ARREST WARRANT will be issued"


I need advice.

1. what is this probable cause ? -- mean if i am proved guilty ?
2. Is it recommended for me to hire criminal lawyer ?
3. Can this case be mediated out of court ?
4. what can be realistic outcome of this case ( in terms of penalty etc. )
5. Is there a chance of being arrested and spending time in jail -- I do not want to spend time in jail at all.

Please advice , i am so scared.

I suggest you hire a lawyer.

1. If there is enough evidence (LP, witness, video)
2. Hire a lawyer immediately.
3. No.
4. Court costs and fines. Attorney fee. Other possibles: Anti-shoplifting class, probation, community service.
5. Could happen, but for a first time offender, not likely. You will technically be arrested (but likely released on own recognizance), and will have to appear for fingerprints and mugshot.

Thanks all. - What are general attorney fees i was quoted around USD 1600 for the first appearance by a pro lawyer. ( based on ratings )

The only way to determine how much attorneys in your community typically charge for this type of offense is to shop around. There is no national standard, and more than that the cost can be affected by the experience of the lawyer, any potential defenses the lawyer sees in the case (it's cheaper to simply plea bargain than it is to raise potentially dispositive motions), whether the case might go to trial, and the like.

Thanks for the reply.
Interestingly based on courts website, the statistics for shoplifting of recorded cases seems to be "0" after year 2000. Just wondering were all cases dismissed after year 2000 or simply that there was no case at all for shoplifting ( Misd. or felony ) -- difficult to believe on 2nd part.
'

You were given a misdemeanor which means your court attendance is mandatory (you'll have to go). Since this is in the circuit court opposed to the municipal court, you'll need a lawyer; if you can't afford one ask for a public defender also referred to as just simply, "PD." You WILL have a criminal record that will show up on all background checks and your court's online court database (CCAP) if you are convicted.

Here is what I advise:
Ask your lawyer/PD if there is a diversion program around your area. If there is, ask if he or she can get in you into this program. Usually what the program is, is if you stay out of trouble for a certain period of time, do a little community service, pay back restitution, etc. you'll get this criminal charge dismissed. If there isn't such a program, ask if he or she can ask for it to be downgraded to an ordinance violation charge.

An ordinance violation charge opposed to a misdemeanor/felony charge does not give you jail time (depends on your state). Most likely, you'll pay a fine and you won't receive a criminal record. Note though, the original charge WILL show up on a background check but will state that you were charged with the civil charge instead.

Now, as for that civil demand letter, it is basically a law firm that, that store has hired to "request" money from you. It is not money owed nor is it a "debt" (that letter has NOTHING to do with the FDCPA - Federal Debt Collection Practices Act), if they threaten that by not paying they will send this to a debt collection agency, they are in violation of the FDCPA and you will have to submit a complaint to the state bar. By no means is that letter a legal debt owed even though legal laws allow stores to sue shoplifters.

Nordstrom did this once and their company was warned because according to the FDCPA, they do not allow these sorts of letters coming from law firms hired by stores, to add these fees to collections. It is a direct violation of the FDCPA, remember that! Check your credit to see if they did send this to a collection agency!

Now, is it up to you if you truly want to pay it. Paying it ahead of time is an admission of guilt, obviously, and any lawyer will tell you the same thing. I advise you to talk to a local lawyer and see what they plan on having you do. Remember, LOCAL lawyers know your county/state laws BETTER than anyone else here on this forum or elsewhere. In my personal experience, I did not get sued and the letters/phone calls stopped coming after my lawyer intervened. He told me that they, the law firm sending these letters, made money by sending thousands of letters to people accused of shoplifting and it is not productive to sue someone for an item that is less than $50.

Now, if they do sue you (which I doubt they will... ask yourself, WHO IN THE WORLD HAS GOTTEN SUED FOR IGNORING THESE DEMANDS RECENTLY?), it will be in small claims court and NO lawyers are allowed (lawyers are only allowed if they are representing THEMSELVES, not the store). Remember, ALWAYS respond to the suit and NEVER default on it! That is worst thing you can ever do when it comes to lawsuits! I have been to court many times (as a spectator) and there has NEVER been any lawsuits coming from the local stores here.

As I said before, check with a local lawyer about that civil demand letter of yours. Worry about your criminal charge first, that's important because it can lead to you getting deported!

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Did I forget to mention?

The letter probably mentioned something about attorney fee's and court costs.

Well... the most the store can sue you for is around $500. That is small claims court material! How are they going to make you pay attorney's fees if the attorney themselves CAN NEVER represent the store? Think about it. Someone from the store will have to show up and that will cost the store money and time because two or more of their LP employees will have to spend several hours preparing their speeches and representing the store. Like I said, it is not an efficient thing to do.

Talk to a local lawyer. The information I'm giving you is general advice and may not apply to your state laws.

For your information, my state (Michigan) requires that Civil Demands be paid.

Other states- well....if people like to gamble they can listen to JasonAE. Just if it bites you in the ass, blame him, not the website.

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Quoting PandorasBox

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For your information, my state (Michigan) requires that Civil Demands be paid.

Other states- well....if people like to gamble they can listen to JasonAE. Just if it bites you in the ass, blame him, not the website.

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Says what state law; specifically, what state statute?

Sure, your local court may enforce that, but certainly... not statewide.

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Pandora,

I found this Michigan state statute that I think you might be confused with a person having to pay the demand as opposed to asking a person to pay the demand.

Quote:

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600.2953 Retail fraud; liability; civil damages; demand for payment; text; noncompliance; effect of payment; jurisdiction; civil action against parent; formal police report; violation by merchant precluding recovery.

Sec. 2953.

(1) In addition to applicable penal sanctions, a person who commits an act for which he or she could be charged with retail fraud in the first, second, or third degree under sections 356c and 356d of the Michigan penal code, 1931 PA 328, MCL 750.356c and 750.356d, is liable to the merchant who is the victim of the act for the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

(2) The merchant who is the victim of retail fraud in the first, second, or third degree, or an agent of the merchant, may make a written demand for payment of the amount for which the person who committed the act is liable under subsection (1). Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that the person committed the act and shall approve the accusation in writing before a written demand for payment is issued. The demand for payment may be delivered to the person from whom payment is demanded by first-class mail. The text of the written demand shall be as follows:

“We have cause to believe that on (date) you, or your minor child (child's name), committed retail fraud in the first, second, or third degree by (description of action and property involved) in our store or in its immediate vicinity.

State law authorizes us to demand in writing that you do all of the following, as applicable:

[ ] Return the property in salable condition or pay to us $ ______, which represents the full retail price or the remaining balance of the full retail price of the property.

[ ] Pay to us $ ______, which represents the full retail price of the recovered property that is not in salable condition.

[ ] Pay to us civil damages in an amount equal to 10 times the retail price of the property involved, but not less than $50.00 or more than $200.00, equaling a total amount of $ ______.

This notice is a formal demand for return of the property involved, if applicable, and the payment of the amounts indicated above, equaling a total amount of $ ______. If you return any unrecovered property and pay the amounts indicated above to us within 30 days after the date this notice was mailed, we will not take any further civil action against you.

You are not required to respond to this demand if you believe that you or your minor child are not guilty of committing retail fraud or if you choose not to respond. If you fail to comply with this demand, we will be authorized by state law to bring a civil action against you to determine your legal responsibility for the return of any unrecovered property and the payment of the amounts indicated above plus the cost of the action, including reasonable attorney fees.

These civil proceedings do not prevent criminal prosecution for the alleged act of retail fraud.”.

(3) If the person to whom a written demand is made under subsection (2) complies with the written demand within 30 days after the date the written demand is mailed, that person shall incur no further civil liability to the merchant from the act of retail fraud.

(4) A person who commits an act described in subsection (1) and who fails to comply with a written demand under subsection (2) is liable to the merchant for the full retail price of the property, unless the property was recovered in salable condition, plus civil damages of 10 times the retail price of the property but not less than $50.00 or more than $200.00, and costs of the action, including reasonable attorney fees.

(5) If a civil action is filed pursuant to this section and before the trial of the action is commenced the person to whom a written demand was made under subsection (2) pays the merchant in cash the amount demanded, subsection (4) does not apply.

(6) An action under this section may be brought in the small claims division of the district court or in any other court of competent jurisdiction. If the amount demanded exceeds the jurisdiction of the small claims division, the action may still be brought in the small claims division, but the amount recovered shall not exceed the jurisdiction of the small claims division.

(7) A merchant may recover damages in an amount allowable under this section in a civil action in a court of competent jurisdiction against the parent or parents of an unemancipated minor who lives with his or her parent or parents and who commits an act described in subsection (1).

(8) A merchant may recover the amount for which a person is civilly liable under this section only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place, which report sets forth facts alleging that the person has committed retail fraud in the first, second, or third degree or violated a local ordinance substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal code, 1931 PA 328, MCL 750.218, 750.356, 750.356c, and 750.356d, regardless of the outcome of any criminal action.

(9) Notwithstanding any other provision of this section, a merchant shall not recover civil damages for an act of retail fraud in the first, second, or third degree with regard to a particular item of property if the merchant violated section 3 of 1976 PA 449, MCL 445.353, with regard to that item of property and the violation was not caused by the person who committed the act of retail fraud.

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A retailer, by state statute, MAY send a civil demand.

OP, if the court orders you to pay restitution, you must pay it. If you simply get a letter from an out-of-state attorney, have a local attorney look over it. That is my advice.

Jason are you ANOTHER SoCal hidden alias?

Jason...my lawyer even told me I was required to pay it, and to bring the receipt to present to the judge in a nice manilla folder.

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Quoting PandorasBox

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Jason...my lawyer even told me I was required to pay it, and to bring the receipt to present to the judge in a nice manilla folder.

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Was the demand letter sent by a law firm hired by that store, or from the store itself as a form of restitution?

Quote:

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Quoting PandorasBox

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Jason...my lawyer even told me I was required to pay it, and to bring the receipt to present to the judge in a nice manilla folder.

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PandorasBox, you have written several times saying, "my lawyer even told me I was required to pay it."

This is a civil matter and criminal courts have no jurisdiction. You cannot be made to pay the Demand in a criminal court. I think what your attorney meant was to pay the Demand and bring proof of payment, thinking that payment would look favorably to the Court.

I can't remember who said it, but someone had said Michigan requires it.

You might want to drop that statement then.

It was someone on the forum who said Michigan requires it, one of the people in the biz. And the lawyer said it was a requirement, not a recommendation.

Hopefully that person will speak up and explain.

I am also "in the biz" and it is not a requirement.

And, I just want to readdress this to the OP. If the store, and/or their law firm puts this "fee" into collections, talk to a local lawyer who knows the laws and regulations about the FDCPA about filing a lawsuit against that particular store and/or law firm; you could counter-sue if they ever sued you (if they put you into collections beforehand). Allowing the retailer to win the suit can affect your credit, but without court orders, it is strictly against the FDCPA. Again, I will state, this is a direct violation of the FDCPA to threaten to put your file into collections without a court order.

This information is not considered to be taken as legal advice, this is only general advice. Consult with a local lawyer who can give more specific legal advice that can drastically benefit your case.