Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Law Office Asking Restitution: Did Not Leave Store with Merchandise

    My question involves criminal law for the state of: New York.

    I was recently in a department store and made a bad decision to take merchandise from the store. After walking around the store with the merchandise, I made a decision to dump the merchandise after I noticed Loss Prevention personnel following me. I DID NOT WALK OUT THE DOORS OF THE STORE. I DID however walk around most of the store trying to get rid of the merchandise because I realized it was a stupid idea and I would get caught. Regardless, I didn't attempt to leave the store. After getting rid of the merchandise, loss prevention got a hold of me, detained me, and asked me to sign a paper stating it was a record of the incident. Now i'm receiving notices asking to pay restitution in the amount of $500 pursuant to New York General Obligations Law § 11-105.

    11-105 corresponds to Larceny in mercantile establishments: I was not convicted of larceny, and I did not attempt to leave the store with the merchandise. Whichever way you look at it, this surely cannot be legal can it? Will I be forced to pay this 500$? This is the same as me putting a package of gum in my pocket, and when i'm about to leave the store I put the gum back.

    Someone PLEASE help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    You tried to steal and you got caught, right? So they are making a civil demand not based upon the loss of merchandise, but based upon the fact that thieves cost them money - do you think the LP's, security cameras, alarms, and other measures they take to catch thieves are free? (And unless you're a very rare case, this wasn't your first time stealing - stores have to cover the cost of stolen merchandise, and it's only fair that some of that cost fall on the thieves who are caught.)

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

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    Did you conceal any of the items?

    "This is the same as me putting a package of gum in my pocket, and when i'm about to leave the store I put the gum back. " Thing is, when you put that gum in your pocket, you have CONCEALED it. Concealment is enough to press charges. Also, while you're walking around with that gum in your pocket, now you have L.P. tailing you and taping you - which is costing the store money.

    As for that Civil Demand, if you don't pay it - you'll get another letter. If you don't pay it then, they sue you in Civil Court, and can add their attorney fees to it (and figure, those lawyers work at $200/hour). When they win the judgment, and you still don't pay, it will be reflected on your credit rating.

  4. #4
    Join Date
    Jun 2008
    Posts
    21

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    Despite what Mr Knowitall says, you were not caught stealing, you were caught considering stealing, which is wrong but not something to support a civil demand case. Depending on exactly how you handled the item, you may have engaged in concealment,
    but the NY civil demand statute does not mention concealment, but is based on the common law notion of larceny. Thus the knee-jerk response from PandorasBox is not relevant. The store would have a very hard time making a case for civil damages.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    You can listen to two of us with knowledge and experience....

    Or a guy with 17 posts. Take your pick.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    Quote Quoting rb271
    View Post
    Despite what Mr Knowitall says, you were not caught stealing, you were caught considering stealing, which is wrong but not something to support a civil demand case.
    No, he admits that he was stealing. That means he was caught stealing. Whether or not they had a case that would support a prosecution is a separate issue.
    Quote Quoting JGio
    View Post
    I was recently in a department store and made a bad decision to take merchandise from the store.

  7. #7
    Join Date
    Jun 2008
    Posts
    21

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    Well, he admits he decided to steal, but he changed his decision before he actually stole.
    He did not steal. Let's hope he is permanently frightened.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    Quote Quoting rb271
    View Post
    Well, he admits he decided to steal, but he changed his decision before he actually stole.
    He did not steal. Let's hope he is permanently frightened.
    Nope, that's not the case. He concealed the merchandise with the intent to steal. Even if you believe his story that he felt fear and decided to put the stuff back but got caught by the LP guys before he had the chance, he's still criminally guilty. Frankly, the story doesn't wash.

    They've got more than enough to make a civil liability suit stick.

  9. #9
    Join Date
    Jun 2008
    Posts
    21

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    Quote Quoting flyingron
    View Post
    Nope, that's not the case. He concealed the merchandise with the intent to steal. Even if you believe his story that he felt fear and decided to put the stuff back but got caught by the LP guys before he had the chance, he's still criminally guilty. Frankly, the story doesn't wash.

    They've got more than enough to make a civil liability suit stick.
    Actually he did put the stuff according to what he said. The civil forfeiture statute in NY defines larceny according to 155.05 of the penal code, which makes no mention of concealment, but which does require wrongful taking. The OP's account makes no mention
    of any action which was wrongful or inconsistent with the storeowner's property rights.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Law Office Asking Restitution: Did Not Leave Store with Merchandise

    He admits he was stealing. He admits he was caught. What part of that doesn't resonate with you, such that you insist upon arguing that up is down?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Employee Caught Leaving Store With Merchandise
    By geet23 in forum Criminal Charges
    Replies: 1
    Last Post: 12-16-2010, 06:44 PM
  2. Retail Fraud / Shoplifting: Forgot to Pay and Left Store with Unconcealed Merchandise
    By SouthernBelle in forum Criminal Charges
    Replies: 32
    Last Post: 10-24-2009, 08:48 AM
  3. Retail Fraud / Shoplifting: Stopped While Leaving Store With Merchandise
    By carolmax in forum Criminal Charges
    Replies: 1
    Last Post: 12-07-2008, 09:56 PM
  4. Retail Fraud / Shoplifting: Caught Shoplifting At One Store But Had Another Store's Merchandise As Well
    By poorcollegekid in forum Criminal Charges
    Replies: 8
    Last Post: 06-17-2008, 08:15 PM
  5. Retail Fraud / Shoplifting: Accused Of Shoplifting When The Merchandise Never Left The Store
    By sa69 in forum Criminal Charges
    Replies: 17
    Last Post: 03-12-2008, 08:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources