Civil Recovery Payment On A Credit Card
My question involves criminal law for the state of: oklahoma
a few weeks ago i was caught shoplifting from walmart. i was arrested and booked, posted bail and my court date is in less than a month. i got a call yesterday from some attorneys i believe (i could barely understand her) all i could manage was i owed $100 to walmart and i could pay on the phone by credit card or debit. i was at work so i said i'd call back. well if i paid by credit card.. will it be bad on my credit? is there any conseqence on that? or should i just pay from my bank account. this is my first offense, obviously i dont plan on doing it again, i just would like to know what the best solution is?
also what should i expect in court? i was guilty, and im confused on the 'no contest' plea and guilty plea. i dont know what the difference is.
please help! i would like to pay them asap so they will get off my back.
Re: Civil Recovery Payment On A Credit Card
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scaredofunknown
My question involves criminal law for the state of: oklahoma
a few weeks ago i was caught shoplifting from walmart. i was arrested and booked, posted bail and my court date is in less than a month. i got a call yesterday from some attorneys i believe (i could barely understand her) all i could manage was i owed $100 to walmart and i could pay on the phone by credit card or debit. i was at work so i said i'd call back. well if i paid by credit card.. will it be bad on my credit? is there any conseqence on that? or should i just pay from my bank account. this is my first offense, obviously i dont plan on doing it again, i just would like to know what the best solution is?
also what should i expect in court? i was guilty, and im confused on the 'no contest' plea and guilty plea. i dont know what the difference is.
please help! i would like to pay them asap so they will get off my back.
Paying your Civil Demand with a credit card is like paying any other bill with a credit card.
Re: Civil Recovery Payment On A Credit Card
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scaredofunknown
also what should i expect in court? i was guilty, and im confused on the 'no contest' plea and guilty plea. i dont know what the difference is.
Difference between "Guilty" and "No Contest"
The purpose of entering a no contest plea is often to avoid being sued civilly for essentially confessing to a crime, which is the basis of a guilty plea. If the no contest plea restricts someone from sueing you civilly for an action, why would anyone enter a plea of “guilty” to charges against them?
Pleading guilty means you admit the charges, you have no defense for your actions, and the court can go ahead and levy punishment against you.
The court first ensures that you entered the guilty plea voluntarily and that they have some reason to believe you are telling the truth. It is not unheard of, for example, for a parent to plead guilty to a crime to protect their child. The prosecutor must explain what evidence they would have had against you had you pled not guilty and a trial had been set.
Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment. The judge will hold a conversation with the defendant to ensure s/he understands the plea and the possible punishment. This gives the defendant an opportunity to explain the circumstances and why s/he is pleading no contest instead of guilty or not guilty. Through this conversation, the judge gains a better perspective on the situation. The defendant has some possibility of getting a less harsh sentence than might be handed down after a jury trial.
Re: Civil Recovery Payment On A Credit Card
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Quoting
scaredofunknown
also what should i expect in court? i was guilty, and im confused on the 'no contest' plea and guilty plea. i dont know what the difference is.
OKlahoma statutes:
§22 513. Pleas to indictment or information.
There are four kinds of pleas to an indictment or information.
A plea of:
First, Guilty.
Second, Not guilty.
Third, Nolo contendere, subject to the approval of the court. The legal effect of such plea shall be the same as that of a plea of guilty, but the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.
Fourth, A former judgment of conviction or acquittal of the offense charged, which must be specially pleaded, either with or without the plea of not guilty.
R.L.1910, § 5800; Laws 1976, c. 20, § 1, eff. Oct. 1, 1976.
The court may or may not permit a No conest plea, as some states follow, some will not even accept a guilty plea at times.
You can plead no contest and the court will make it's determination, although I greatly suspect it will accept the plea, as this is not a felony.
No contest is most generally the safest route, yes.
Re: Civil Recovery Payment On A Credit Card
I might add, a plea has no bearing on a lawsuit being filed, just an admission of the plea, and maybe to a degree of such, in some states.
As we saw, OJ plead not guilty and was found not guilty but was still sued civilly, and he lost.
Scared, as we see in the statute, the plea is NOT admissable in a civil suit, which the civil demand is, in lieu of a suit being filed. If the demand is not paid, yes, you could be sued.
Let's say you plead not guilty, guilty, or no contest to vehicular homicide, you could still be sued in a wrongful death action, it is just the plea in criminal court may or may not be admissable as evidence in a civil trial in some states.
As Betty points out, No contest is the safest route. You have to decide!