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  1. #21
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Paid Civil Demand Letter, What Happens Next

    Actually, a lower plea does look better.....HOWEVER....
    - A thorough Criminal Background search will still show the original charge of Retail Theft.
    - You must still be honest on employment applications. "Have you ever been found/pled guilty to a Misdemeanor? (yes). Please list dates, city/state, and details.

  2. #22
    Join Date
    Mar 2011
    Posts
    13

    Default Re: Paid Civil Demand Letter, What Happens Next

    Quote Quoting free9man
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    So long as it is within the state's CD guidelines, you're pretty much screwed. Even if they did get less than that, you would be out hundreds if not thousands in legal fees for your defense.
    Well I was told by the lawyers in avvo.com that they almost never pursue their civil demand threats, this was quoted from a lawyer that knows some of the staff from the law firm that sent me the letter. They actually advised me not to pay it, that it was just an empty threat, but I went ahead and payed anyway. They said if they did sue for damages they'd have to get someone from the store to appear in court, hire a lawyer, and prove their damages which would cost much more than what they'd end up getting from me. They said it be an average of $50 + the item stolen/damaged. Which would sum up to maybe $60 or $100 at best since no employee staff was required to go out of their way to catch me, it was an LP who would've been doing their job anyway, and that certain law firm works by commission so their at no loss either. They said it wouldn't be worth their time or money, so most times they just send threatening letters hoping people will pay up, and other people have actually been told by the judge that they shouldn't have payed it since it has no legal obligation, that could've been fairly settled in court.

    Quote Quoting free9man
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    The lawyers would be quite wrong. You don't negotiate with the judge, you negotiate with the prosecutor. The prosecutor is NOT required to deal. They can go all the way if they want. And you will be out lots and lots of money in fines, court fees, PD fees, etc...
    Well they said the majority of the time, the judge won't go all the way. Especially since it's my first offense, and a misdemeanor at that.

    Quote Quoting free9man
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    That varies from company to company as well as other variables I'm not going to go into. Some companies will nail someone to the wall for a 99¢ item.
    Well I'm preparing for the worst. I'm not expecting a pat on the back, I know what I did was wrong, and I'm ready to pay for it. All I look for is advice from different lawyers and people who have experienced this first hand. Maybe the lawyers in avvo.com are wrong, maybe you're wrong, who knows, only time will tell...

    Quote Quoting cbg
    View Post
    I have said before and no doubt will say again; the time to worry about potentially having a criminal record is BEFORE you commit a crime. Afterwards, it is out of your hands. If you get out of this without one, it will be the opt of the store and not because you "deserve" not to have one.
    I never said I didn't "deserve one", and it be stupid for me to assume that I didn't get one because I didn't deserve one. You're funny. But you're right about the first part. This experience has taught me to be wiser about my decisions in the future.

  3. #23
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Paid Civil Demand Letter, What Happens Next

    Not paying that civil demand would be a gamble. Ask another poster here - he issues them, he takes the people to court who do not pay it.....

  4. #24
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Paid Civil Demand Letter, What Happens Next

    Quote Quoting atrocite
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    They said if they did sue for damages they'd have to get someone from the store to appear in court, hire a lawyer, and prove their damages which would cost much more than what they'd end up getting from me.
    It's a gamble on whether a particular company is going to come after you or not. There is no hiring a lawyer as they already have them on retainer, in some instances it is a law firm that oversees the CD process. Proving their case, given a proper execution of the case by LP. is a no-brainer. Plus this is assuming the criminal can even find an attorney they can afford to fight the suit.

    Quote Quoting atrocite
    View Post
    and other people have actually been told by the judge that they shouldn't have payed it since it has no legal obligation, that could've been fairly settled in court.
    Depends on the jurisdiction. Many states have laws that govern CD, thus there IS a legal obligation. Until such time as CD laws are challenged and overturned, those are just judges that are speaking out of turn.

    Quote Quoting atrocite
    View Post
    Well they said the majority of the time, the judge won't go all the way. Especially since it's my first offense, and a misdemeanor at that.
    It is NOT up to the judge, barring some legal reason for dismissal, to determine how far it goes. They cannot force a prosecutor to deal, they can nudge them but not force them. Further, not all judges are going to do that. There is a judge in my state that is quite proud of his reputation as a hanging judge. He throws the book at everybody, regardless of charge or background. I have seen first offender shoplifters get 364 days in jail and the maximum fine in his court.

  5. #25
    Join Date
    Mar 2011
    Posts
    13

    Default Re: Paid Civil Demand Letter, What Happens Next

    Quote Quoting PandorasBox
    View Post
    Not paying that civil demand would be a gamble. Ask another poster here - he issues them, he takes the people to court who do not pay it.....
    Well as I stated on my OP, I all ready payed the civil demand.

    Quote Quoting free9man
    View Post
    It's a gamble on whether a particular company is going to come after you or not. There is no hiring a lawyer as they already have them on retainer, in some instances it is a law firm that oversees the CD process. Proving their case, given a proper execution of the case by LP. is a no-brainer. Plus this is assuming the criminal can even find an attorney they can afford to fight the suit.
    Can they still sue me for damages, even after I paid the $300 CD letter?

    Depends on the jurisdiction. Many states have laws that govern CD, thus there IS a legal obligation. Until such time as CD laws are challenged and overturned, those are just judges that are speaking out of turn.
    I still payed it either way, I didn't want to take any chances.

    It is NOT up to the judge, barring some legal reason for dismissal, to determine how far it goes. They cannot force a prosecutor to deal, they can nudge them but not force them. Further, not all judges are going to do that. There is a judge in my state that is quite proud of his reputation as a hanging judge. He throws the book at everybody, regardless of charge or background. I have seen first offender shoplifters get 364 days in jail and the maximum fine in his court.
    I still haven't gotten a summons to court or a CD release, and it's been almost 3 months already. Isn't there a way I can know if they proceeded a criminal charge? Even though the LP said it wouldn't go in my criminal record.

  6. #26
    Join Date
    May 2011
    Posts
    4

    Default Re: Paid Civil Demand Letter, What Happens Next

    I'm sorry I don't got the answer to your question, I'm new to this website and i don't know how to use it. Hopefully somebody can read my scenario and answer my question as well as some of
    My friend and I got caught shop lifting. well to tell you the truth I wasn't the one shop lifitng, but I was with him. It was two items each valued at $40, but one item was not stolen; just the ceram-wrap was a bit ripped. We were charged with a class C misameanor in the state of Texas. They told us to call a number to pay, I quote "damage and repairs." Nothing about a civil demand, but when I called they said my name is not on file call back later.
    I asked how much percentage of the item is being charged? Thats when they mention a civil demand (first time I heard of a civil demand.) So my question is how much, or am I getting charged with this civil demand they did not inform me with. Also the guy questioning us, asked how much money we had, but when I asked can we pay on the spot he said no. Whats that about?
    Please reply, and thanks for listening

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