Should I Pay My Civil Demand After a Shoplifting Accusation
My question involves court procedures for the state of: Maryland.
Hi, my name is Joan. I am a J1 student located in Maryland for the summer. I was accused of shoplifting at Marshalls but I never left the store. I put on a new pair of shoes and saved mine in my backpack and kept the tag to pay for it in my hand at all time (as it is a common practice in my country), I continued shopping and chose several other items. I walked into the dressing room to try more clothes and a store officer walked me to the security room, they searched my backpack and my pockets and obviously didn't find anything. They did not contact the police and made me sign a notice of shoplifting and was advised I was probably be receiving a civil demand to pay restitution for the value of the shoes (24.99) but they also said the possibility of not receiving anything at all existed and that if that was the case I shouldn't worry as the issue ended there, they also said that if I did receive the letter and I paid it the issue was going to end there and no records were going to be left but if I did not paid they would have the right to press charges against me. After exhaustive research I found out many law specialists advise not to pay it as that would prove I am pleading guilty and they would still be able to legally proceed against me.
My question is if I do receive the civil demand what would be the smartest procedure on my part to protect my visa status and future visa applications and not leave any records behind?
Thanks in advance!
Re: Should I Pay My Civil Demand
You don't have to leave the store. Concealing the items in your backpack is all that is needed for you to be guilty. If the store typically issues civil demands, you can be assured of getting them. They contract this out to a group of "lawyers" who are very aggressive at sending these out. They have no incentive to not send them.
Paying the civil demand has absolutely nothing to do with a criminal action. It is not "pleading guilty." If the store didn't report you to the police, it's unlikely you will be paying civil demands. If you hear anything from the police or the district attorney's office, decline to speak to them until you get an attorney.
Re: Should I Pay My Civil Demand
I smell BS and it is a very strong odor in this case. I love the added flourish of "as is common practice in my country."
Even if you're story is totally true (but it's not) and you did something that is common in your country but unlawful here, that's no excuse. Really, I'll use that the next time I go from TX into Mexico with my .45 strapped to my side - "But carrying loaded side arms is common practice in my country."