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  1. #1
    Join Date
    Dec 2013
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    4

    Thumbs down Caught Twice Shoplifting at K-Mart

    My question involves criminal law for the state of: I was caught shoplifting and I'm 17. they told me on that's they saw me takin 3 slippers with 4 of my friend and I had a back pack full of books but I didn't take the slippers they blamed it at at me cause of my book bag so I went back to kmart in 2 months and stole 3 screw driver It brought six of them but I took half of it it cost 10$. they took me back to the camera room and they took my info but no cop involved and I don't know what to do after that they told me they gonna send me a letter In the mail the is the highest I might pay is 300$ but I don't know what to do I want to know what will happen to me

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Got Caught Shoplifting at Kmart

    You pay the civil demand and they MIGHT not press criminal charges.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Got Caught Shoplifting at Kmart

    And start paying attention in English class. Your writing skills are that of a developmentally delayed third grader.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Got Caught Shoplifting at Kmart

    You also needed to tell us what STATE you committed your crime of moral turpitude. There's good reason that the forum software inserts that prompt for you. We can't give you a serious answer without it.

  5. #5
    Join Date
    Dec 2013
    Posts
    4

    Default Re: Caught Twice Shoplifting at K-Mart

    This in VA state
    well the first time I didn't get caught tell the secon time

  6. #6
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Caught Twice Shoplifting at K-Mart

    Which part or va? It's a commonwealth so pretty tough on theft

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Caught Twice Shoplifting at K-Mart

    Excuse me? What does being a Commonwealth have to do with their position on any issue?

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Caught Twice Shoplifting at K-Mart

    I have no idea what bam! is talking about. Virginia is actually quite lenient compared to some of the non-commonwealth states on theft.

    OK, if the police were not notified initially, you probably dodged a GIGANTIC bullet. There's still a chance that the store made a complaint but the police were too disinclined to show up at that the time. You may find a summons being delivered to you (or taped to your front door). If that occurs, write back. The good news is that if you don't have any other criminal history, you probably qualify for a diversion which means if you can keep your nose clean and follow the rules for a few months, you'll escape a criminal record.

    You can expect a letter from K-mart's "lawyers" demanding the civil restitution. Virginia is actually one of the better states on this one. The most they can ask for is $50 or TWICE the value of the items you stole. Further, if they got the items back in salable condition, it's capped at $350. Even if they sue you, their legal fees are capped at $150. While this FORUM is quite divided on the advice, my opinion here is that they are just going after the low hanging fruit. They will send you a couple of threatening letters but are unlikely to pursue you either civilly or follow up on a previously unfilled criminal complaint.

  9. #9
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Caught Twice Shoplifting at K-Mart

    Ok ok, I worded it poorly.

    $200 is a felony, the use of tools is a felony and on your third petty larceny (less than $200) it turns into a felony.

    It has a low threshold for felony theft and many prosecutors don't offer diversion or programs unless you are in a city.

    You will probably get a letter. Pay it or not, that's your choice.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Caught Twice Shoplifting at K-Mart

    Quote Quoting bam!
    View Post
    $200 is a felony, the use of tools is a felony and on your third petty larceny (less than $200) it turns into a felony.
    Actually, a petit larceny with two prior larcenies of any flavor is a class 6 felony. Even if it's only the second offense, there's mandatory 30 days in jail.
    Also note that there's a separate (and in addition the the base larceny charge) larceny with intent to sell and if you are found with multiples of the same item, there's a presumptive guilt there. If it's more than $200 aggregate, you're looking at a mandatory two years in prison.

    It has a low threshold for felony theft and many prosecutors don't offer diversion or programs unless you are in a city.
    Eh? It's the court that offers it and they certainly do so at the county levels (all the counties around here certainly seem to offer it).

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