First Time Shoplifting Charge, $10 Theft

[ForgiveMyMistake]

My question involves criminal law for the state of: Florida.

I feel so foolish. I have been going through a lot and I don't know what came over me.. a stupid earring. I walked outside and they brought me to the security room. I gave them the merchandise, didn't put up a fight. They took my license, ran my record, and said I would recieve a letter in the mail for a fine and I would have to call the number. Now does that just mean I am getting a fine, or what is going to happen? No police were involved. I am so confused, this is so not something in my character.. I am a good person.

[Mr. Knowitall]

If they told you that you'll be getting "a letter in the mail for a fine", they are likely talking about a civil demand - a letter from them (or their agent) requesting statutory damages from you for attempting to steal from their store. Civil demands are not criminal proceedings.

We cannot promise you that they won't turn the file over to the police - in some jurisdictions the store will assemble a file and provide it to the police, rather than having the police come to the scene - but if the only thing they mentioned was the civil demand you may be lucky.

[ForgiveMyMistake]

Do they only do civil demands sometimes?

[Security Consultant]

Do they only do civil demands sometimes?

Yes they can, it's up to the retailer.

[ForgiveMyMistake]

They told me if I do not call the number they will issue a warrant. Do you think they still filed a criminal charge? I don't know what to do or if I should call anyone if I did not recieve anything yet. I don't want one HUGE bad decision to hinder me for the rest of my life. I learned a valuable lesson..

[Security Consultant]

If they are actually saying they will file criminal charges if you do not pay the civil demand that is tantamount to extortion. During my retail loss prevention career I ran in-house civil demand recovery programs for my employers and I would have never considered demand civil recovery in-lieu of criminal charges. If they insist on this deal - hire a lawyer and go after them. In some states it is illegal to collect the CD and file charges, but Florida is not one of those states.

[ForgiveMyMistake]

Does it sound like they are doing both?

[Security Consultant]

Does it sound like they are doing both?

You said, "They told me if I do not call the number they will issue a warrant." If you don't pay the CD and they decide to take you to civil court they will file a what's called a "complaint." If they file a criminal complaint a "warrant" may be issued. Neither the store nor their attorney can "file a warrant." Filing a warrant means they police or prosecutor files an arrest warrant with the court.

Are you sure you have your terminology correct? There is nothing keeping them from demanding civil restitution and filing a police report (or going directly to a prosecutor) to pursue a criminal charge.

[ForgiveMyMistake]

Yeah, he said if you don't call the number we will issue a warrant. I thought if I didn't pay that meant they would tell the police? I don't know. I had someone check the court system. It happened exactly a week ago and she said I was not in it.. I don't know if that means I am okay or not..