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  1. #11
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting

    Quote Quoting alker1
    View Post
    Also, does anyone think it would be a good idea to talk to someone higher up in the American Apparel corporate chain, to see if perhaps I can work a solution with them out and ask them to drop the charges, such as a fine or what not. Is it to late for them to drop the charges? Or would that be seen as an admission of guilt?
    Thanks.
    This would be a massive waste of your time.

    Not only would it be an admission of guilt, but no company is going to let you pass stealing from them because you wrote a letter.

    Not going to happen.

    They WANT you to suffer... and to tell all your friends how you suffered.

    That is why they hit you with both the charges and the civil demand. I know you haven't thought about the civil demand because you haven't mentioned it.

    This is a civil fine above and beyond anything that happens in criminal court and can and will run several hundred dollars.

  2. #12
    Join Date
    May 2008
    Location
    Seattle, WA
    Posts
    24

    Default Re: Caught Shoplifting

    Quote Quoting cyjeff
    View Post
    This is a civil fine above and beyond anything that happens in criminal court and can and will run several hundred dollars.
    What happens if they just don't pay it? Will the store take them to small claims court? If so, isn't the company limited to price of the items taken? How can a store just "demand" you pay this and why would anyone agree to pay it if they aren't offered anything in return, such as a reduced charge?

  3. #13
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting

    Quote Quoting donnabert
    View Post
    What happens if they just don't pay it? Will the store take them to small claims court? If so, isn't the company limited to price of the items taken? How can a store just "demand" you pay this and why would anyone agree to pay it if they aren't offered anything in return, such as a reduced charge?
    If you don't pay the demand, the company will take you to court. Then, you will pay the fine, the retailer's legal expenses and court costs.

    These costs could double or triple the cost of the origin amount.

    They can demand it because all crimes have a criminal and a civil component. Criminal law is designed to punish the offender. Civil law is designed to make the victim whole.

    Both can and should be satisfied after a crime is committed.

    Most states, including the OP's and yours, have laws stating how much a retailer can charge... but do not limit the amount on fees and costs.

  4. #14
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting

    Oops... forgot to state that those limits are $500...

    So the civil demand can be up to $500.

  5. #15
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Caught Shoplifting

    hey aaron, sorry i did miss your post.

    hey cyjeff, you're absolutely right, i haven't considered the civil side. The items I stole were worth a total of 80 dollars, they gave the police a receipt of that, can they still demand up to 500 dollars? For everything?

    Also another issue: I'm going to try and take an ACD if possible, which is not a conviction or an admission of guilt, would I still be responsible for the mentioned fees?

  6. #16
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Caught Shoplifting

    I also forgot to thank everyone else that has commented, thank you.

    And I apologize if I've sounded somewhat incoherent or if any questions sounded like repetitions, this is all so very new to me and I'm trying to sort it all out.

  7. #17
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Caught Shoplifting

    You should expect to pay court assessments with an ACD.

  8. #18
    panther10758 Guest

    Default Re: Caught Shoplifting

    Quote Quoting alker1
    View Post
    hey aaron, sorry i did miss your post.

    hey cyjeff, you're absolutely right, i haven't considered the civil side. The items I stole were worth a total of 80 dollars, they gave the police a receipt of that, can they still demand up to 500 dollars? For everything?

    Also another issue: I'm going to try and take an ACD if possible, which is not a conviction or an admission of guilt, would I still be responsible for the mentioned fees?
    Civil Demand has nothing to do with your court case. Regardless of the outcome you will still owe Civil Demand

  9. #19
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Caught Shoplifting

    Quote Quoting panther10758
    View Post
    Civil Demand has nothing to do with your court case. Regardless of the outcome you will still owe Civil Demand
    What if i plead not guilty and was not convicted, would I still have to pay Civil Demand? I know thats not going to happen but I'm just curious.

  10. #20
    panther10758 Guest

    Default Re: Caught Shoplifting

    Unless reversed you would still owe Civil Demand. They are seperate issues. Like OJ case he was found not guilty of murder but found libel for the deaths of two persons.

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