I Was Accused of Shoplifting and to Pay a Civil Demand Right then and There

[Kat1425]

My question involves criminal law for the state of: Connecticut

Please don't judge. I know what I did was really wrong and stupid. I wont give you my sob story but suffice it to say that this economy has taken its toll on me after trying for 2 years to get a job when the company I worked for closed.

I had left a store and was stopped by security 1/2 way to my car and was told to come back inside the store. I took 2 clothing items while in a dressing room and no one saw, but they must have counted the items when I left the dressing room, but they may not have have seen me conceal the items. Once back inside the store, they took my purse, walked me to a tiny room and proceeded to go through every item in my purse, wallet, side pockets. They took back the 2 clothing items I took and asked me to write down everything I had ever taken from the store on a blank piece of paper. Store Security said he had been watching me and he knew everything I had ever taken from the store and I better write everything down because he is going to check it against his list. I wrote down 6 clothing items even though I had only taken 2 items before because I was scared he would not believe me and think I was lying and call the police. (I had only taken something twice before...again, please don't judge, the items were never for me). Apparently he did not have a list since he did not correct what I said I took. I did NOT sign any papers admitting I stole something even though they kept telling me too. They took my picture...twice. Can they do that? They did not call the police but told me I had to pay a civil demand for each time I took something (3 x $250) plus the estimated value of what I took in the past. This totaled $1560 was I was told to pay it right then or they could have their lawyers contact me. I did not want my family finding out about this and I was scared so I gave them my credit card and the charged me the whole amount with the receipt showing but the word miscellaneous on it. I was banned from both the store and the mall. This all happened a week ago. here are my questions:

1. Should I stop payment on my credit card?
2. Did they overcharge me?
3. Were they allowed to stop me and go through my entire purse? The items I took were right on top.
4. I did not sign anything. I just wrote 1 skirt, 2 tops, 1 pant on a blank piece of paper. I did not sign any of the paperwork.
5. Is the verbal conversation enough to indict me?
6. Why didn't they call the police? Can they still have me arrested even though they let me go and I paid the civil demand?
7. They said I could not have any copies of the paperwork since I refused to sign. I did not refuse outright...I advised them that I was not sure if I should sign anything and that I did not have my glasses.
8. Should I have not said anything at all and just asked for an attorney?
9. Could I be entered into a theft data base even though I did not sign anything. Can they legally do that? (I do not wish my mistake to follow me forever).

I tried another legal site but got very mixed messages....some said this was extortion and some said I deserved it and I should pay whatever they said.....all this did was confuse me and I have no idea which is correct. Please don't get me wrong. I had no problem with them charging me for what I took, but I never, I mean never took $1560 worth of clothes.

I appreciate any help and thank you.

[adjusterjack]

They took my picture...twice. Can they do that?

Of course they CAN do it. They already DID do it. But if you are asking did they violate some law, the answer is no, they didn't.

1. Should I stop payment on my credit card?

That's entirely up to you. But probably a bad idea because you could end up still being arrested and then sued and everybody will find out what you did.

2. Did they overcharge me?

No way of knowing that. You'll have to find out the price of the items. Probably wouldn't matter. You were offered a way out by paying X dollars. You agreed to pay.

3. Were they allowed to stop me and go through my entire purse? The items I took were right on top.

Yes, they were.

You were on private property. The owners or their employees are not bound by the Constitution. They could pretty much do anything they wanted, including physically restrain you within acceptable limits.

4. I did not sign anything. I just wrote 1 skirt, 2 tops, 1 pant on a blank piece of paper. I did not sign any of the paperwork.

Doesn't matter. Again, you were offered a way out for X dollars. You accepted. You could have said no at any time and insisted they call the police.

5. Is the verbal conversation enough to indict me?

Yes.

6. Why didn't they call the police?

Why should they? They got restitution out of you by scaring the crap out of you. Be thankful they didn't.

Can they still have me arrested even though they let me go and I paid the civil demand?

Yes. Civil and criminal are two different things.

7. They said I could not have any copies of the paperwork since I refused to sign. I did not refuse outright...I advised them that I was not sure if I should sign anything and that I did not have my glasses.

Doesn't matter. They had no legal obligation to give you anything.

8. Should I have not said anything at all and just asked for an attorney?

You had the option of not saying anything. But they had no obligation to provide you with an attorney. Had you not settled and paid you likely would have been arrested and then you could have hired an attorney.

9. Could I be entered into a theft data base even though I did not sign anything. Can they legally do that?

Yes and yes.

I do not wish my mistake to follow me forever.

To late for regrets. You should have thought about the consequences before you did the stealing and then not done it. Now you live with the consequences which, hopefully, are over and done with.

[souperdave]

Please don't judge. I know what I did was really wrong and stupid. I wont give you my sob story but suffice it to say that this economy has taken its toll on me after trying for 2 years to get a job when the company I worked for closed.

If you're not wanting to 'fess up a "sob story", you're pretty much failing miserably. Your 'justification' has a big sob running right through the middle of it.

For example:
.....suffice it to say that this economy has taken its toll on me after trying for 2 years to get a job when the company I worked for closed....

And you wish not to be judged? That'd work for a one-and-done offender, but you're a repeater.

Looks to be you got off light.....no police involvement!

If you wanna stop the payment you may wanna put aside some coin for bond first.

[Kat1425]

Souperdave;

I have seen alot of unkind statements on this forum. I was asking not to be judged since everyone makes mistakes in their lifetime as I am sure you have! I am not a career criminal and yes, I have already admitted it was a very bad idea. There was no need for the sarcasm.

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Adjusterjack:

Thank you for your answers. I appreciate the help and the professional way in which you answered my questions. I definitely will never take anything again....it was a very bad idea from the start.

[bam!]

Souperdave;

I have seen alot of unkind statements on this forum. I was asking not to be judged since everyone makes mistakes in their lifetime as I am sure you have! I am not a career criminal and yes, I have already admitted it was a very bad idea. There was no need for the sarcasm.

- - - Updated - - -

Adjusterjack:

Thank you for your answers. I appreciate the help and the professional way in which you answered my questions. I definitely will never take anything again....it was a very bad idea from the start.

Weird. The max allowed by law in conn is $300 plus damages. They charge for any unrecovered, nonsaleable and damaged merchandise. That means they charged you $300 plus $1200 or so in damages?

What store was this? I may be able to help. This seems like someone padding their numbers. Also, it is a general practice for LP to not rummage through purses or bags. They can secure them, but rummaging is against a few of the retailers policies that I suspect this is.

[Mr. Knowitall]

Weird. The max allowed by law in conn is $300 plus damages. They charge for any unrecovered, nonsaleable and damaged merchandise. That means they charged you $300 plus $1200 or so in damages?

She admitted to three incidents of theft, and the civil demand was calculated as 3 x $250 + the estimated value of the goods she stole on the prior occasions.

[bam!]

She admitted to three incidents of theft, and the civil demand was calculated as 3 x $250 + the estimated value of the goods she stole on the prior occasions.

I understood what the poster said. Civil demand is only when Applicable when caught in the act. Restitution is for prior offenses not caught. Undetected acts are not civil demand eligible per the law. I know how these guys operated and it's downright shady. I bet they do not have documented evidence and police reports for prior thefts

[cbg]

And of course, there's nothing at all shady about a history of thievery.

[Mr. Knowitall]

I understood what the poster said. Civil demand is only when Applicable when caught in the act.

Where do you find that rule?

(a) Any person eighteen years of age or older or an emancipated minor who takes possession of goods or merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner and with the intention of converting such goods, merchandise or produce to his own use without having paid the purchase price thereof, or who alters the price indicia of such goods or merchandise, shall be liable in a civil action to the owner of the goods, merchandise or produce for (1) the actual and reasonable costs of maintaining the action, including court costs and a reasonable attorney’s fee, (2) the retail value of the goods, merchandise or produce taken, if not recovered by the time of the commencement of the action or if recovered in an unmerchantable condition, and (3) punitive damages in an amount not to exceed three hundred dollars.

(b) A conviction of larceny by shoplifting, as defined in subdivision (9) of section 53a-119, shall not be a condition precedent to the maintenance of a civil action under this section.

(c) In any action brought pursuant to subsection (a) of this section, if the plaintiff does not prevail, the court may award to the defendant his costs, including a reasonable attorney’s fee, and damages not to exceed three hundred dollars.

(d) No action shall be brought pursuant to subsection (a) of this section but within two years from the date of the act complained of.

As I read the statute, the act of theft creates the cause of action. Each separate act of shoplifting would create an additional cause of action. There's nothing in the statute that requires that a defendant to be caught in the act in order to be liable under the statute, or for a civil demand to be issued or judgment to be obtained for an admitted or proved act of theft. The civil demand is simply an offer to settle the statutory cause of action.

[bam!]

Right. But by not recovering the merchandise, the store would have to result to restitution to be made whole.

The way all the major civil demand "lawyers" calculate the amount demanded is based off recovery of merchandise. IE you steal a $300 item, it is recovered, they will demand $300. If it is not recovered or if it is damaged, they will demand the $300 to make them whole. (Not $300+$300)

They charged Civil Demand AND restitution on each account which does not fall under the guidelines that 99% of CD law firms abide by. To each their own.

The poster would have a good chance at disputing this charge and winning. They should be charged the demand for the time they were physically apprehended.

As all know, judges and juries have spent years debating civil demand laws and their legality. Some states do not allow Civil Demand at all and Conn only allows it for adults, not juveniles.

These LP were padding their numbers.