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  1. #1
    Join Date
    May 2008
    Posts
    9

    Angry Twelve Year Old Caught Shoplifting

    My question involves criminal law for the state of: California

    My twelve-year old son was caught shoplifting a bouncy ball from Rite Aid in Half Moon Bay, CA. The ball was worth about $1.50 and this was his first offense. The gentlemen that stopped him called me at work and told me to come pick him up. When I got there, he had me sign the infamous peice of paper, agreeing to pay charges of anywhere from $50-$500. I was told that they weren't going to prosecute and that he was even going to just let him go but that his manager made him keep him to teach him a lesson, which I understand and can appreciate. He also told me that he felt the fine would be closer to the lower end since it was just a bouncy ball and a 12 year-olds first offense.

    However, over a month after the incident, I received the letter demanding $300. It was sent from a law firm in Florida. I find this to be outrageous considering the circumstances and would almost prefer that they proceed with their civil matter - will they do so over a $1.50 bouncy ball? I called the law firm and was told that this is a state mandated fine and that it has nothing to do with what was taken or his age. She said he can make 8 payments of $37.50 per month, which is his entire allowance between my house and his father's house.

    Any suggestions? My husband thinks we should let them take it to court, but will I wind up paying more? I really want him to pay and learn a valuable lesson, so I don't exactly want to bail him out - but $300!!!!???

    Any advise is appreciated. Thanks ~

  2. #2

    Default Re: 12 Year Old Caught Shoplifting

    I understand your concerns. I can say there is somewhat of a backlash against retailers who use collection/attorney firms to collect Civil Demand. The law was not not intended to collect against 12 years olds in situations as you describe.

    Sad to say, in this case, if you do not pay it they will file in civil court, after giving you a few more notices, and seek triple damages. Goodluck, this is not the way I would of handled the situation.

  3. #3
    panther10758 Guest

    Default Re: 12 Year Old Caught Shoplifting

    I agrtee 100% with SC on this. Your playing a dangerous game you cant win. What is now a few hundred dollars can becomes well over a grand. Your "best" option is pay the Civil Demand now

  4. #4
    Join Date
    May 2008
    Posts
    9

    Question Re: 12 Year Old Caught Shoplifting

    Thanks both of you for the response. It sounds like it has to be paid at the amount they want. I thought about writing a letter to Rite Aid. Half Moon Bay is a very small town and I have lived and shopped there for 15 + years. I have all of my prescriptions filled at that store and shop there weekly. I spend well over $300 a year on medication alone and that's only in co-payments. Factor in what insurance pays and we're talking about thousands. That's not including what I spend on other various items in the store. The town I live in has only two drug stores. What type of response do you think I would get to threatening to take my business to the other drug store (which is actually a better store - I have just stayed with Rite Aid since it's where I have been for so long). Do you think this would matter to them at all?

  5. #5
    panther10758 Guest

    Default Re: 12 Year Old Caught Shoplifting

    If you think the threat will sway them from Civil Demand its doubtful. Without going into my stats post suffice it to say retailers lose over 13 Billion (with a B) dollars to shoplifting each year. Civil Demand helps them recoup a very small portion of that and the cost to fight shoplifting. Its not likely they will drop seeking what the state allows them to collect.

  6. #6
    Join Date
    May 2008
    Posts
    9

    Default Re: 12 Year Old Caught Shoplifting

    Yeah - it makes sense. I don't even want them to drop it. I really just want them to make the punishment fit the crime. I do want my son to pay, as I think it would teach the best lesson. It just seems cruel to charge him $300 on a $1.50 bouncy ball, especially when I read on here about others that paid $200 on more substantial items (in California). I guess I just want it to be balanced. I want him to pay but I wish that someone with common sense would look at it for what it is. A kid being a kid trying to impress his friends by taking something he clearly doesn't need (or want for that matter). He had about $15 in his wallet that day. There is no good reason for what he did and I'm glad he got caught before it wound up being something more serious. I have a hard time going in there and spending my money when I know they are charging my son for other people's crimes - at least that what's it sounds like.

  7. #7

    Default Re: 12 Year Old Caught Shoplifting

    You could fight it, with a public defense, and possibly not have to pay... But honestly it's unlikely. You shouldn't have signed anything, since that basically admitted guilt. Tactically you're better off paying the fine and forgetting about it now.

  8. #8
    panther10758 Guest

    Default Re: 12 Year Old Caught Shoplifting

    What public defense? Civil Demand is a Civil matter not criminal

  9. #9
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: 12 Year Old Caught Shoplifting

    Personally, I think you're handling it all wrong. How is it that you are going to hold Rite Aid responsible in the least little bit for your son being a thief? No, we don't always like the punishments being handed out, but that's what happens when you leave your life in other people's hands who don't give a crap about you - all they care about is the letter of the law (lesson #1 to teach your boy).

    If $37.50/mo is just about your boy's allowance between you and your ex's house, then may I suggest that he begin paying that directly to that attorney, and then in 8 months or so when he doesn't have that money OR the bouncy ball, he'll think twice about putting his hands on merchandise that doesn't belong to him or thinks of stealing (lesson #2).

  10. #10

    Default Re: 12 Year Old Caught Shoplifting

    I'm no expert on Civil Recovery and have some issues with how SOME retailers go about it (from what I've read so far on the subject) so take my opinion for what it's worth.

    First, you signed a piece of paper agreeing to pay between $50 and $500. Regardless of the fact that an employee told you it would probably be on the lower end, you've already signed that you agree to it. Legally, I'm not sure you have much on your side as far as negotiating it. If anything, you might want to talk to an attorney, but I wouldn't go threatening to take your business else where. Of course, paying the attorney will probably cost you a whole lot more than just paying the civil demand.

    If you DO decide to fight it anyway, do NOT do it in front of your child, and do NOT lead him to believe you think the punishment is unfair. You already agree he needs to pay a penalty for what he did, and you need to back up the store. They are within their rights, even if you don't like it. Bottom line, if he hadn't taken the ball this wouldn't be an issue -- it's no fault but his own that this situation has even arisen -- so whether it's "unfair" or not really doesn't matter. You'd have a whole different argument if he was being accused of something he didn't do... but he did indeed do it. If you are truly convinced it's unfair and you are going to try to fight it, do it behind closed doors so your child doesn't get the message that mommy and daddy can get him out of this. The lesson for him may be hard to learn, but at that age they DO forget the "pain" of these things rather quickly... having to pay out of his pocket for a long time will emphasize how serious stealing is, and that's a good thing.

    I do feel for you and am sorry you are going through this... it's not easy as a parent. Good luck with whatever you decide.

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