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I have just been caught shoplifting goods worth $750.00. I live in Philadelphia, PA. They have decided not to press any criminal charges against me but I will get a Civil fine. I was just wondering how much is it going to be. Any help will be appreciated!! Thank you....
§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.
You are lucky they're not pressing charges for that amount you stole!
Something isnt right. This would be as felony in most states and even stores with dollar values for arrests and prosecution this would exceed that amount. Furthermore Civil Demand would not even equal the amount stolen. If your correct you better count your lucky stars because you really got away with one
I forgot to mention above that I do have to pay them back ($750.00). Civil fine is on top of the $750.00. And they said they won't press any criminal charges as long as I cooperate and pay them their money back!! Thank you so much for answering my question.
God must really like you; you are the luckiest person in the shoplifting forums. In most states anything over $250 or $300 is a FELONY. That means a loss of a LOT of rights, including the right to vote. It also can cost people jobs and prevent them from ever getting a decent job in the future, going to college, or entering the military.
If they are charging you $750 and then $750 as a civil remediation fee, that is pretty cheap. Most of the times it's 3x the amount plus the original amount, up to a set limit ($2000 where I came from).
...again, you are a lucky luck person.
...you may want to take some of the $5000 you would have spent on a trial lawyer and buy about 1 year of sessions with a psychologist to help you kick this nasty habit. (People that steal $750 worth of merchandise are not first timers)