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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Retail Theft Help

    My question involves criminal law for the state of: PA


    I was caught shoplifting two weeks ago at a store in the area. It was a very stupid thing to do, and I simply want to put it past me as best I can. I am 26, and this is the first time I've ever had any type of charges or arrest against me. The total cost of the merchandise is just under $70, which was given back to the store before I was taken by police to the station where I was fingerprinted. I recieved my fine in the mail by the magistrate office along with a court date. I talked with the clerk today and set up a payment plan, total cost of $272. I find this to be a lot, however I was told I can split up the payments over a month. I was also told that this is just like a traffic ticket, that I can still claim that I have had no criminal convictions against me, and that I wouldn't have to appear in court. I wanted to make sure of this, that if I pay the fines to the court that I will not have to appear in court, and that this will in no way be apart of my permanent record so that if I apply for a job, I can say that I have no convictions.
    Also, the store evidently has a lawfirm representing them, and a day after getting my fine from the court I was told by this firm that I need to pay an additional $150 to avoid a civil suit. I have no idea if this is the same thing as what the court has me paying, or if I need to pay the additional money. It seems to be a lot of money in total fines for something that was under $100. I don't have any experience or knowledge in this area, any help that I can get would be greatly appreciated

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Retail Theft Help

    The value of the merchandise is under $150, so that makes it a summary offense.

    § 3929. Retail theft.


    .....(1) Retail theft constitutes a:

    i. Summary offense when the offense is a first offense and the value of the merchandise is less than $150.

    ii. Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150.

    iii. Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.

    iv. Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise.

    v. Felony of the third degree when the amount involved exceeds $2,000 or if the merchandise involved is a firearm or a motor vehicle.
    Information on Pennsylvania Summary Offenses.


    I don't believe the Clerk gave you accurate information or perhaps you did not understand it correctly.

    If you pay the fine, you are guilty of a summary offense. This site for information only (I do not know the attorney).

    These two statutes could be where the confusion came into play.

    § 9124. Use of records by licensing agencies.

    (a) State agencies.--Except as provided by this chapter, a board, commission or department of the Commonwealth, when determining eligibility for licensing, certification, registration or permission to engage in a trade, profession or occupation, may consider convictions of the applicant of crimes but the convictions shall not preclude the issuance of a license, certificate, registration or permit.

    (b) Prohibited use of information.--The following information shall not be used in consideration of an application for a license, certificate, registration or permit:

    Records of arrest if there is no conviction of a crime based on the arrest.

    Convictions which have been annulled or expunged.

    Convictions of a summary offense.

    Convictions for which the individual has received a pardon from the Governor.

    Convictions which do not relate to the applicant's suitability for the license, certificate, registration or permit.

    (c) State action authorized.--Boards, commissions or departments of the Commonwealth authorized to license, certify, register or permit the practice of trades, occupations or professions may refuse to grant or renew, or may suspend or revoke any license, certificate, registration or permit for the following causes:

    Where the applicant has been convicted of a felony.

    Where the applicant has been convicted of a misdemeanor which relates to the trade, occupation or profession for which the license, certificate, registration or permit is sought.

    (d) Notice.--The board, commission or department shall notify the individual in writing of the reasons for a decision which prohibits the applicant from practicing the trade, occupation or profession if such decision is based in whole or part on conviction of any crime.
    ----------------
    § 9125. Use of records for employment.

    (a) General rule.--Whenever an employer is in receipt of information which is part of an employment applicant's criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section.

    (b) Use of information.--Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied.

    (c) Notice.--The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.
    That does not mean that a summary offense is not part of your criminal history.

    ----------------------
    Now, the fine that the store is asking for is an entirely separate issue than the criminal fine.

    As the letter you received explained that they would not file a civil suit against you if you paid it. This is known as a civil demand letter, and the law allows the store the right to pursue this from you.

  3. #3
    Join Date
    May 2008
    Posts
    3

    Default Re: Retail Theft Help

    What does it do as a part of my criminal history? Is that something that only other officers can see if something happens later in the future, or is it something that in a few years an employer might see if they did a background check? Also, is it correct that I will not have to appear in court if I pay the fine, or will the court date still be in affect?

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Retail Theft Help

    Quote Quoting Brickman
    View Post
    What does it do as a part of my criminal history? Is that something that only other officers can see if something happens later in the future, or is it something that in a few years an employer might see if they did a background check? Also, is it correct that I will not have to appear in court if I pay the fine, or will the court date still be in affect?
    No, this would be a part of your record. See link below:

    http://www.hirenetwork.org/pdfs/050542_pa_rap.pdf

    Also see this thread, and follow Aaron's link to read more on Pennsylvania expungement.

    Your best option would be to hire an attorney and hope you can get ARD (Accelerated Rehabilitative Disposition). See first link for information.

    I can't answer as to whether or not you would still need to go to court. My guess would be that you would not have to if you pay the ticket. You need to read the information that was sent to you and perhaps that will give you a definite answer.

  5. #5
    Join Date
    May 2008
    Posts
    6

    Default Re: Retail Theft Help

    yea i think u should hire a attorney

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