First Offense Shoplifting of a $5 Item

[five1eight]

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

Today I was recently caught shoplifting $7 worth of items in the mall. As I was in the store, the manager came up to me and asked me to empty my pockets where I did, without hesitation or resistance, and gave him the 2 items that were in my pocket. He then asked for my license and he copied down all my information and said he wouldn't call the cops. He did give me a letter titled "CIVIL THEFT NOTICE", which states that "As provided by state law, ________ Company may file a civil claim against you for damages resulting from retail theft. You may receive correspondence from our attorneys regarding this claim", and then it gives me a number to call in case of questions.

I am 17 years old and have only ever gotten a parking ticket. This was my first time shoplifting and I don't even know why I did it but it was dumb. I keep reading stories online about items around $10 being stolen which result in people paying up to hundreds of dollars in fines, is this true? I should be getting a letter home within a few days but I would much prefer if I could go about this whole ordeal without my parents knowing.

Since this is my first offense of theft, and the theft was $10, is it likely that I am going to get an ACD? I read stories about little thefts like these among minors which affect them greatly in the future, such as not being able to get jobs, go to certain colleges, etc. and I am quite terrified of that. I am ranked 10th in my class and am an all around great kid that has just made a bad decision and I'm pretty scared that this one decision may ruin the rest of my life.

Can anyone give me some advice on to what they think will happen? And what kind of charges I expect to face (since the police were not involved)? Will I just pay a civil claim for damages against the store and that is it, or will more happen? Any and all accurate information would be greatly appreciated, as I am shitting bricks just thinking about this ordeal. Thank you.

[Mr. Knowitall]

Is it $5 or $7? Either way, a big risk to take for trinkets.

Yes, when you steal from a store, the civil demand can easily be in the $hundreds. You're helping to defray the massive cost of theft to the store.

It doesn't sound like the store plans to charge you, and an ACD only becomes an issue if you're charged. No police, no charges.

[five1eight]

So for even this small of items you don't think the store would charge me with a civil claim where I have to pay them money? So this letter they gave me was basically a scare tactic to not do it again since the cops were not called and i cooperated throughout the whole ordeal?

[Mr. Knowitall]

The civil demand and criminal charge are separate issues. So, again,

The store told you to expect a civil demand. You can thus expect to get a civil demand.

The store told you that it was not pressing charges, and was not calling the police. You can thus expect that you won't get charged, and thus don't need to be worrying over qualifying for an ACD.

[PandorasBox]

Expect the letter to ask for $200, and hope it is less.

Time to advise your parents, because the letter can arrive today or it can take a couple months to arrive. Your parents may wonder why the sudden interest in bringing in the mail.....

[five1eight]

Is it necessary that they know? Like do I need to go to a special place / court to pay the demand? Because if I could get around them knowing that is much preferable

[Mr. Knowitall]

The civil demand is payable to the store (or its agent). It's not a court issue unless you don't pay it and as a result of nonpayment they decide to sue you (and your parents). Instructions on payment will accompany the demand letter.

[PandorasBox]

Who would your parents rather find out about it from? You? Or when the letter arrives while you are at school? Don't you think they will be suspicious that you are suddenly interested in bringing in the mail? Or they won't ask when a letter from a store or a law firm arrives? That letter can be from either "(the store)" or "The Law Firm of....". It may also be addressed to: "The parents of....".

Also, do you have the money available? Because if you don't pay it, your parents are gonna be real pissed when they find a judgment against THEM because their minor child shoplifted, didn't pay, they got sued, didn't know it, and their credit history gets screwed.

[five1eight]

Wouldn't there be a given limit to pay the fine? I do have the money but I assume it would be 30 days or something to come up with the money.

[PandorasBox]

The time-frame of the letter arriving is a whole different ball game. It depends on how many shoplifters were apprehended. If they have a huge case file, it can take weeks. If they have a small case file, it can be there within a week.

From the date mailed and they expect you to receive the letter...they can put a time limit on when to pay it. They may mail it today, 12/18...expect you to receive it by 12/21, and expect payment by January 15th.....for an example.

Next...when it arrives, since you have the money...go to the post office or your bank to obtain a money order (money orders obtained at a bank or post office can be cashed anywhere; m.o.'s obtained at a store can only be cashed at the same store chain).