Trespass Ban, Civil Demand and Possible Prosecution for Accidental Shoplifting

My question involves criminal law for the state of: Virginia. I am 19 and just got accused of shop lifting. I was trying on compression tights and forgot I had a pair still on. (I train in them every day) I bought 6 different items, two were the exact same compression tights I had on. I was stopped and asked to come back in a room. I told her it was an accident and she said I understand, I'm not pressing charges. She took a picture/ information and made me sign that I wouldn't come back to kohls but told me I could write kohls and get my privilege back. She said I would get a fine of the amount of the tights. ($30) today I just got a civil demand letter of $250 as well as talking about possible prosecution. Can someone help please?

What you received is called a civil demand letter. It is asking for you to pay them for the costs that criminal activity like you committed costs them. They usually include a scare letter of possible civil court action and referring you to prosecution. The latter however is unlikely. If the local store people didn't call the cops on you at the time, the Commonwealth isn't likely to act on it months down the road when Kohl's "attorney's" claim you didn't pay their ransom.

So the real issue is whehter you want to risk the possibility of being sued by Kohl's later on. The advice on this board is highly divided on this subject. Many attorney's will tell you not to do so, however. The "legal department" here is often just out for easy money. The fact that I keep putting thigns in quotes when referring to theese people is they act more like a collection agency that corporate counsel.

So if I don't pay it, will this go on my record?

Hello, Kohls.

If it really was an honest mistake on your part, here's an idea... Send them a letter stating your apologies for a mistake, explain your financial hardship, and send them a check for $60 and write in the "FOR_______" space on the front of the check, "payment in full for [xxxxx]."

Regards,
Jim

My question involves criminal law for the state of: Virginia

I am 19 and just got accused of shop lifting. I was trying on compression tights and forgot I had a pair still on. (I train in them every day) I bought 6 different items, two were the exact same compression tights I had on. I was stopped and asked to come back in a room. I told her it was an accident and she said I understand, I'm not pressing charges. She took a picture/ information and made me sign that I wouldn't come back to kohls but told me I could write kohls and get my privilege back. She said I would get a fine of the amount of the tights. ($30) today I just got a civil demand letter of $250 as well as talking about possible prosecution. By not paying this, will I get charged and therefor the crime be placed on my record? What are the steps that are taken before this would be put on my record?

I answered this yesterday in your other thread. Asking the same question over and over isn't going to change the answer.

Yesterday I did not ask about my record. So I reposted it and added the multiple questions about my record

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Quoting Kohls

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Yesterday I did not ask about my record. So I reposted it and added the multiple questions about my record

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Why do you have the same question twice in this thread?

She added the following to her post:

By not paying this, will I get charged and therefor the crime be placed on my record? What are the steps that are taken before this would be put on my record?

I didn't realize it was in the same thread. I added these questions, By not paying this, will I get charged and therefor the crime be placed on my record? What are the steps that are taken before this would be put on my record?

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Quoting Kohls

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I didn't realize it was in the same thread. I added these questions, By not paying this, will I get charged and therefor the crime be placed on my record? What are the steps that are taken before this would be put on my record?

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You were already told that its highly unlikely that you will ever be charged for it. If you are not charged for it, it cannot go on your record.

Not a criminal record, but Kohl's may report to the NRTD which will make it hard to get a job at a member retail store for the next seven years.

It is, however, more likely that you will be criminally charged if you don't pay the civil demand than if you do.

Even if you "accidentally" shoplifted as you claim the judge won't buy that. They always here that criminals mistakenly committed the crime. If we all said "Oops it was a mistake" then there would be no crimes. You are an adult and if you do get a Civil Demand pay it up and you can still be tried in court but more than likely due to the low amount of the goods you stole the store may just decide to prosecute you with the Civil Demand and no record of the case will be entered into your criminal record unless you go to court.

Please be careful next time and I hope this will be a good lesson for you. Yes we all make mistakes but we have to man up and fix them even if its monetary. So I had an accident I am responsible to have auto insurance and work to rectify the costs involved.

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Quoting cbg

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It is, however, more likely that you will be criminally charged if you don't pay the civil demand than if you do.

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On what do you base that? The service that grubs for the civil demand money is far removed from those who could make a criminal complaint, and vice versa, for companies like Kohl's. I've certainly not heard of it happening with ANY company, let alone Kohl's. I've not even heard of Kohl's taking anybody to civil court over the civil demand let alone dreding up a three month old criminal complaint.