Teens Caught Shoplifting at Walmart

[Britneyt904]

My question involves juvenile law in the State of:Oklahoma
So I was caught shoplifting at walmart I feel horrible and I'm terrified I apologized a million times it was out of character for me

They took my friend and I in the office (we're both 15 ) this is my first offense of any kind
The total was about $8-10
they got their stuff back
No police were involved
they didn't take my picture
but they said I'd get a letter in about 10 days from head quaters ? What will it say ? If I have to go to court will they arrest me ? Please help I'm scared

[flyingron]

What you will get is a letter asking for restitution for your criminal activities. Unlike other states (other than Texas), there is no statutory right for them to make this request. This state requires them to obtain a court judgement. The value is fairly low compared to other states, the actual merchandise loss (the full value if they didn't get it back in a salable condition) plus legal and court costs. The court could also order you, as a minor, to do community service instead.

[PandorasBox]

...and it is time to tell mom/dad.

- - - Updated - - -

I don't know the law for your state.

But that letter will likely be addressed to "Parents of". Even then, they are going to wonder "why is our daughter getting a letter from a lawyers office".

Your friend...the same advice.

What will happen is that letter coming in asking for a check to the stores lawyers. At 15, do you have a checking account and enough to cover the fine the stores lawyers will send?

So again...time to confess to mom and dad.

I'd offer to do lots of extra help around the house, get a job, whatever it takes to pay them back.

A lawyer may tell your parents not to pay the Civil Demand....that's a gamble your parents will need to take, since they are legally responsible for you.

[Britneyt904]

So I will have to go to court ?

[free9man]

So I will have to go to court ?

Only if you don't pay the civil demand and Wal-Mart sues you.

[PandorasBox]

Here's the scenarios:

They didn't take your picture (BUT....they likely have you and your friend on video).
They didn't call the cops. (But since they have the address to send you a Civil Demand letter, that obviously means they have your name and address and saved the video to a DVD).

So....different things can happen.

1. Your mom and dad get the letter from the lawyers office, pay, and you just get grounded by your parents. (PS, this is not a guarantee of no criminal charges filed; but if you pay, it is less likely those charges will be filed).

2. Let's say your parents don't pay that Civil Demand. Walmart now has a few options:
- Press charges. (they do have your name, and probably a DVD with you on a video stealing). Your parents will have to spend money ($1500 or so) on a lawyer for you. Court costs and fines (add in another $300+). You may find yourself doing Community Service as well. Oh and that Civil Demand....well, it may have doubled or tripled by this time.

3. If the store has to sue your parents for the Civil Demand....expect the amount doubled or tripled. Failure to pay = it goes on their credit rating.

Now...to a 15 year old...I know a credit rating doesn't mean anything to you. You know what it means to your parents though? Apply for a job, an apartment, a mortgage...anything that requires a background check....it can deny them that new job, that new apartment, that new house.....for many years.

So....really....you and your friend both need to talk to your parents asap. And do it today, not tomorrow, not the day after Christmas. Because also....2 people caught stealing together = you planned it, so the criminal charge would be a lot worse and more expensive in the long run.

So time to go talk to the parents before this becomes worse.

And since you both are 15....maybe you can throw in "mom, dad, we'd like to get jobs.....".

- - - Updated - - -

Now...how to explain the Civil Demand to your parents:

Mom/Dad....I know the stores have to buy those surveillance cameras. I know they have to pay those Loss Prevention workers who caught us stealing, their wages, their benefits, and insurance in case they get hurt on the job. And I know the Store Manager had to be notified by the LP people that we were caught and had to spend time filling out paperwork instead of doing other stuff his/her job requires. They also had to fill out paperwork because of our actions. And I know shoplifting costs retailers $40 billion dollars a year, which gets passed along to all consumers......

[Britneyt904]

Why do people say you shouldn't pay a civil demand ?

[cdwjava]

Why do people say you shouldn't pay a civil demand ?

Because some people believe that nothing will come of those demands. Sometimes they are not pursued in civil court and no criminal charges will be filed. If you like to gamble and live on the edge, don't pay it. But, if you want to put it behind you and not have to spend the next few years wondering if this will suddenly materialize out of the air to haunt you, pay any civil demand and get it behind you. A civil demand will probably be about $300 or so. A criminal defense will cost many times that, and a civil suit or collections action will cost at least two to three times that amount and result in blemishes on any future credit rating.