Minor Caught Committing Retail Theft

[Spartans58]

My question involves criminal law for the state of: Pennsylvania. I am 14 years old and was recently caught Shoplifting from a local kmart. I took about $25 worth of stuff. They said i was going to be fined at least $150. I signed a paper saying i was guilty and that i was not allowed back there. The guy said i wouldnt be getting in trouble by the cops. It was the first time i have gotten in any type of trouble with the law. They said my i did not have to go to court unless i pleaded not guilty. The only info the asked for was my name, adress, phone, number, etc. Will this be on my permanent record? If so how long will it be on there and would there be any possible way to clear it from my record? I do not want to hurt my chances with jobs or schools. Please help!

[Disagreeable]

They are going to send you a civil demand letter in the mail. Pay it and this should go away. This is your warning as a minor to straighten out your act. Remember this, when you make choices in the future.

[jk]

it's time to go get one of your parent's and tell them what is going on.

[LawResearcherMissy]

Disagreeable and jk speak the truth.

At 14, it's kind of your birthright to do stupid things, but for the love of all that is sacred and profane, please restrict your future Stupid Human Tricks to things that are LEGAL. You can screw your life up in very real and permanent ways when you break the law, even as a minor.

And yes, you really need to tell your parents. I don't know very many 14 year-olds who can afford a $150 anything on their own.

[Security Consultant]

I've got to ask this question - you are 14 yrs. old. Who were you released to?

[JasonAe]

Let me tell you my story. I went to municipal court, plead not guilty and the prosecutor only dropped the fine from $300 to $100 because it was my only offense. I did a background check on myself and no arrest records came up (probably because I wasn't fingerprinted or handcuffed after that incident). My municipal ordinance violation also didn't show up CCAP (Circuit Court Access Page). From what I heard, the store CAN sue you. Will they? Probably not. I didn't pay the civil demand and they never sent anymore letters back after my lawyer sent them a cease and desist letter. I checked my local courthouse, too, and their supposedly "of counsel" attorney in my state has NEVER been a plaintiff in any cases at all, only a defendant. It bothers me sometimes why some people on this forum recommend paying this demand when it ISN'T a legal debt (sending the letters are legal to do, but they HAVE to file a civil lawsuit against you to have any weight on getting money from you). And, from my experience in civil lawsuits, nobody around here is going to sue for $200... suits usually go from about $1000+ on average. Do what you want, I'm not giving you legal advice, neither are some people from here as well, because laws between states vary very drastically sometimes.

[Disagreeable]

Civil demands are usually legislative in nature. They usually allow an ever increasing amount based on attorney fees. The company that sends the letter is not necessarily the lawyer that goes to court.

[JasonAe]

Civil demands are usually legislative in nature. They usually allow an ever increasing amount based on attorney fees. The company that sends the letter is not necessarily the lawyer that goes to court.

Read this article about what happened to Mr. Chen.

This should ring a bell: Home Depot Accused Shaking Down Shoplifters

Quote from the story/source itself:

Home Depot and the law firm, he said, were playing a numbers game: They don't need to go to the trouble and expense of suing. They just need to scare enough people, whether guilty or innocent, into settling their claims. About 20 percent of people who get the threatening letters, he said, settle and pay the demanded fees. That practice, he said, nets the law firm, which provides the same service for other retail clients, millions of dollars. The firm remits about 75 percent of what it collects to clients, such as Home Depot, and keeps the rest, he says.

See to it what you see fit.

- - - Updated - - -

Additional Information:
To the OP, please take the civil demand letter to a local lawyer and have him/her check it out. Don't listen to any advice given online because some advice may be from ex-Loss Prevention officers, or even current Loss Prevention officers. Don't take any legal advice from any legal site claiming to give legal advice at all; always do it locally and in-person! Also, you could be admitting to something you wouldn't have admitted to if you didn't post this online.

I know that I'm just a complete stranger to you, but, who would you trust? Some people who you don't even know that are recommending you pay the demand, or someone who is actually giving you advice to ACTUALLY talk to a local lawyer first and has been involved in this kind of situation before?

Let me make things straight:
1) Criminal Records
If you were charged under a "Municipal citation or Forfeiture," that is NOT a crime and will not go on your criminal record but it'll stay in municipal court records and possibly police arrest records (if the police ever arrested and fingerprinted you). Note: Getting fingerprinted means that it'll show up in a background check, but it'll show up as an ordinance violation, which again, is NOT a crime. If you were, on the other hand, charged with a Misdemeanor or possibly a Felony, finding a job will be very hard unless you can expunge them. Felonies are probably one of the hardest to expunge, and many courts will NEVER allow you to expunge them. Misdemeanors, contrary to Felonies, can be expunged after a certain amount of years (depends on your state).

2) Civil Recovery Demand
Many retail/grocery stores has retainers with other collection firms (most of the time they're located out-of-state in California, New York, Florida). You are not required by law to pay these demands and they CANNOT affect your credit unless you have been sued in small claims/civil court. The chances of them suing you is one in a million. Unless you stole hundreds of dollars worth of items, they're not going to sue you for items that are <$50 in value, probably not even <=$150 in value. I am not encouraging anybody to steal, stealing is wrong! I am just giving you my first-hand experience at this. Again, take the letter to a lawyer to confirm if you're liable for ANY damages at all.

3) Criminal Court/Municipal Court
Once you received your citation/fine, you'll probably get about a month until your court date. Depending on the seriousness of the citation you'll probably want to hire a lawyer. If it's only an ordinance violation or a forfeiture, a lawyer is probably not needed. Find some local lawyers, call and ask them if they offer "free consultations." Try to find specific firms that specialize in "Criminal Defense / Criminal Law." They almost always give you 30-minute free consultations, and if they're generous enough, a whole hour worth! You're saving hundreds of dollars there, my friend. Anyways, SHOW UP to your court date and dress nicely; that can actually change what Judges/DAs/SSAs/etc. think of you as a person. Sometimes not. But ALWAYS dress up nicely as if you were going to church. Always see if you can get a "plea deal" ahead of time, or if you can't for some unfortunate reason, plea "Not Guilty" at your first trial and talk with the prosecutor. Pleading "Not Guilty" doesn't mean you didn't do the crime, it means that you want the State to prove you guilty. Have you or your lawyer (especially if you have a lawyer) do the plea deal and plea to some lower charge, or possibly a no conviction.

I understand since you are a minor, this probably won't show up in your criminal records when you turn 18 and successfully seal off your records, but this is for other people that has also been in the same situation I was in.

NOTE: Pay off your fines before the due date or there will be a "Contempt of Court" and that is BAD. This basically means you didn't follow the Court's orders and you'll most likely get arrested and if you were plead down a lower charge, it'll be back up to the original charge. You'll also be facing possible jail time, SO NEVER FORGET TO PAY YOUR DUES BEFORE THE DUE DATE! NEVER!

I hope that I am giving you good advice (it is to be taken generally, of course) and that you have learned from your lesson. I also do hope that people who are looking forward into shoplifting in the future will stumble upon this forum and specifically upon my posts and learn that shoplifting is bad and can ruin a person's whole reputation.

Take care and live your life to the fullest.

[jk]

I would be very cautious about the last posters advice concerning ignoring a civil demand. Some companies are quite agressive about them, others not so much but be cautious as if you refuse to pay and they do sue you, the cost to resolve the issue will increase due to the court and legal fees. Not try of to scare you bit just honest.

Claiming a a million to one chance the will sue is very unrealistic...period.


Remember, it isn't me or the poster that has to deal with your decisions and live with the results. Just don't blow off the deman thinking it will end there. Investigate the company and their reputation in regards to suing if you want to consider ignoring them but don't just blow them off.


regarding taking the letter to an attorney: weigh the costs. Attorneys do not work for free. If it costs more to go to an attorney than just paying the demand, it's a no brainer. If the cost of the attorney is cheap enough, remember, his advice may also be to pay the demand. Then you have his cost plus you still have the civil demand.


in the end, it's your call. You decide what you think is right and go with it.

[Disagreeable]

Jason tells really nice stories. It would help if he focused on the facts. Little things like OP already signed a confession.

§ 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.
(Nov. 21, 1990, P.L.563, No.141, eff. 60 days)