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  1. #1
    Join Date
    Mar 2015
    Posts
    1

    Default First Time Faced Shoplifting Kohls

    My question involves criminal law for the state of: Indiana

    Ok please read my story and help me if you can...i went to Kohls, i liked some fashion Earring and one T-shirt i grabbed it in my hand start looking other stuff. I put stuff in purse and went out to my car. While i was getting ready to drive off parking lot, a guy stopped me and ask me to come back inside kohls. He called police and took me to back room search my purse recover items. Also he noticed that i have more than $650 cash and my credit cards in my purse. He asked me why i stole this merchandise i told him i forgot to pay and ready to pay now but he said its too late. He took my picture and make me sign a form saying i cannot return to kohl again ever. Police called police van and took me to Arrestee Processing Center (APC) and make me stay there 8-10 hrs. In that time i went to court judge ordered me to return in 3 week with attorney. I was charged with

    codes 35-43-4-2, 35-43-4-2(a)
    Description Theft
    Grade A
    Degree M

    THAT IS MY FIRST OFFEND IN LIFETIME...I M 32 years old

    Now today i receive a letter from Kohlslp asking $100..compete letter below

    Dear (my name)
    It is Kohl's Department stores understanding that on February 24, 2015 you took merchandise from kohls store located at Indianapolis without paying for the merchandise. Under IN State law ( Code € 34-24-3-1), kohl's has the right to seek civil relief against you and recover $100 which is without regard to the return of the merchandise.

    This amount may be in addition to any amount you may be to required to pay as a fine under any criminal proceedings brought against you but is not dependent on any Criminal prosecution. In that regard Kohl's has no power to control criminal prosecution.


    This is to advise you that Kohls will have no alternative but to consider further civil action, which may include seeking attorneys fees and costs against you in the event that the above total is not paid please make payment of $100 and any of the following ways

    Web
    Email

    Kohls department stores
    Address

    Sincerely

    NOW I HAVE A QUESTION.


    IT WAS MY FIRST OFFEND. I NEVER HAD ANY CRIMINAL BACKGROUND IF I PAY THIS $100 WOULD MY NAME BE CLEAR/REMOVE FROM JAIL DATA BASE OR NOT???


    IF NOT, IS THERE ANYWAY I CAN GET MY NAME AND DETAILS REMOVED FROM DATABASE FOR FUTURE??

    How important is it for me to pay this $100 if my name is gonna be there forever??

    Thanks

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: First Time Faced Shoplifting Kohls

    Quote Quoting Firstime1
    View Post
    IT WAS MY FIRST OFFEND. I NEVER HAD ANY CRIMINAL BACKGROUND IF I PAY THIS $100 WOULD MY NAME BE CLEAR/REMOVE FROM JAIL DATA BASE OR NOT???
    No. The $100 is civil compensation that the law allows the store to seek against you. It is independent of the criminal case against you; paying this civil demand will not make the arrest record disappear nor will it halt the criminal case against you. If you do not pay the $100 and the store has to sue you to get it, they can add attorneys fees which means it will cost you a lot more in the end.

    I suggest you get yourself an attorney before you do anything else. A conviction for theft, even a petty shoplifting offense, can have a long term impact on you, especially when looking for jobs. A lot of employers will not want to hire a convicted thief because of a fear that the person will steal from them, too. An attorney might be able to help you get a favorable resolution that may avoid the worst of this for you. It will cost you money to hire the lawyer, but that may be money well spent if the lawyer can help lessen the consequences of this for you.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Time Faced Shoplifting Kohls

    TM is right. You're lucky you were only charged with the class A misdemeanor "conversion" which is serious enough. You could have been charged with THEFT (which is a felony even at trivial amounts stolen). Get thee to an attorney, pronto.

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