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    Default Shoplifting, No Police Called, Civil Demand Notice Issued

    My question involves criminal law for the state of: PA

    Hi, so yesterday I was caught shoplifting. Stupid, I know. I purchased some items, but had some in my bag. The LP of the store stopped me as I was exiting, took me back into a security office, and asked me to empty out the items taken from the store. The total was a little over $30. He took my ID and wrote down my info, copied my ID, and asked for SSN. He said since I was being very compliant, the cops would not be called and he gave me a civil demand notice. He also had me read over the description of the event that he recorded onto the form with my information, in which he wrote that he informed me that I would never be allowed back in the store or any chain stores, and had me sign it agreeing with the statements above. He then walked me out of the store, giving me advice to never commit the crime again (saying that I seemed to have a good head on my shoulders and a very nice person, and I shouldn't get mixed up in this type of thing again).

    The civil demand states: "You have been detained for a shoplifting/retail theft incident. This state has passed a law permitting merchants to recover Civil monetary damages from you as a result of this incident. These damages take into consideration the value of the merchandise, whether or not it was blemished or non-salable, the costs of security, and any other damages permitted by law. You will be receiving a letter/notice in the near future, explaining the amount of monetary damages we will be seeking."


    My questions are:

    1) is it possible and what is the likelihood of the store pressing charges on me?
    2) will I have to appear in court?
    3) if I have to appear in court, what will be the repercussions of this incident?
    4) How long does the civil demand usually take to come in the mail?
    5) how much, approximately, will the civil demand charges be?

    Thanks!

  2. #2
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    Default Re: Shoplifting, No Police Called, Civil Demand Notice Issued

    You were caught stealing, so of course they can have you prosecuted. They have stated that they do not intend do so so, and I thus expect that they do not intend to do so.

    You will only have to appear in court if you are prosecuted, or if you are sued and don't want to default.

    If you are prosecuted, you can get fines, probation, a criminal record...; if you are sued you can be ordered to pay money.

    The civil demand takes... as long as it takes. We can't promise how soon it will arrive.
    Quote Quoting 42 PaCS § 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.

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