Letter of Civil Demand Received From K-mart

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Quoting fishalot

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AW- OJ- I hope all who read my posts see what I am going threw so far .As of today my family and I have spent $1000 for bail, $2500 for a attorney and $153 for a 1 hour session with a therapist with many more to go and now another $350 to K-mart . :eek:

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All for a $400 tv that you still don't have. Take this all as a lesson and DON'T do this again.

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Quoting fishalot

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AW- OJ- I hope all who read my posts see what I am going threw so far .As of today my family and I have spent $1000 for bail, $2500 for a attorney and $153 for a 1 hour session with a therapist with many more to go and now another $350 to K-mart . :eek:

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In your case, it is true that crime does NOT pay.

Believe me ,I hear you all . Message recieved ! I just hope the court sees and considers that I am getting help/ thereapy , that I have 2 kids , Grandma to care for and a job to go to. I want to also see if I can help others to stop and think about theft before they do it. This all as changed my life and I thank you all for takling to me.

I was researching and found out that the demand for $350 was low. I could have faced up to $500 pluss fees. I gave the letter to my attorney and I was told he contacted the law firm representing K-mart. Can my attorney negotiate/deal with K-mart and I pay the demand and get K-mart to drop the charges. I would rather make any deal with K-mart than go threw the courts.

Once the paperwork is sent through the police, court it's out of K-Marts hands and I doubt they will simply drop the charges. They hear this kind of request 1,000 times a day from shoplifters, so do we (LP's). Perhaps that's why we get a little aggressive in our replies, it gets old and we get somewhat cynical. If I had a nickel for every excuse......you know the rest.

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Quoting fishalot

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I was researching and found out that the demand for $350 was low. I could have faced up to $500 pluss fees. I gave the letter to my attorney and I was told he contacted the law firm representing K-mart. Can my attorney negotiate/deal with K-mart and I pay the demand and get K-mart to drop the charges. I would rather make any deal with K-mart than go threw the courts.

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Your Attorney may work out a reduction in Civil Demand (not likely) or a payment plan but this has nothing to do with court or your criminal charges. any fines etc you may or may get from court are seperate from Civil Demand

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Quoting seniorjudge

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Q: If the criminal charges in court are dismissed can I have the civil demand dismissed as well ?

A: Not necessarily. Do the name O. J. Simpson ring a bell?

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That seems to me like a very poor analogy. O.J. didn't owe anyone anything until after being found guilty by way of a lengthy civil trial.

Regardless the two cases are different one is Civil other criminal like with OJ he was found not guilty of murder but was held lible for the deaths of Ron Goldman and Nicole Brown

Civil cases have a lower standard than criminal cases when it comes to the burden of proving.

Generally in a criminal trial, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing.

Also the state must prove that the defendant satisfied each element of the statutory definition of the crime, and that the defendant participated in it, "beyond a reasonable doubt." (They couldn't do that in OJ's case.)


Generally in civil trial, the burden of proof is initially on the plaintiff. However, there could be some situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence.

So in a civil trial, the plaintiff wins if the "preponderance of the evidence" is in favor of the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, then the plaintiff wins. (That is why OJ lost the civil case against him.)

Thankyou for the explanation between civil and criminal . Really, Thankyou . I have had a big change of attitude and realize my wrong ! Now- On to a different matter. At this time I have not recieved any paperwork from the court stating time, location . I have recieved only a cival demand. Whats going on ? I was only told the time and place one time when I got bailed out, my bail bonds people gave me the date and time . Will I get a notificattion/paper work from the court? Also, I seem to have a aggressive attorney that only wanted to talk to me one time and insisted he will go for a dissmissed charge or keep me out of jail. He told me to show up on the 19th with a defensive attitude. Is that it? What about negociation for reduction and talk of a deversion program for first time offenders? It feels like he has this matter already sealed up with a deal but he will not tell me. Is this normal ?