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  1. #1
    Join Date
    Sep 2008
    Posts
    5

    Default Juvenile Caught Attempting to Shoplift

    My question involves criminal law for the state of: New York

    My daughter and a friend were detained at Wal-Mart attempting to shoplift. I say attempting because they never left the point of sale. They were detained for a while before being allowed to call a parent. Once the parents got there we were informed that they took some stuff and now they were responsible to pay for the things. I had to give them my ID for information because they are minors and was asked to sign a paper that essentially said my daughter was not allowed in the store unsupervised or should would be fined. The police were never involved.
    The security officer was rather annoyed that I wanted to read the paper before signing it. We offered to pay for the items and were told that the amount was going to split between the two girls and we would be getting a letter from the store as to how much.
    The letter we got came from a Law Office stating the amount we had to pay within a time frame. The amount was double what they had originally told us.
    A conversation with the Security Manager was not helpful. He could not answer any of our questions as to why the amount was doubled, he simply stated that "$75.00 was the minimum that could be charged and that is what we were charged, the minimum." I asked for a copy of the paper I signed as well as an itemized list of the merchandise. I was told he knew nothing of any paper being signed and that there was no list of the items. When asked again about the paper he told me "if there was such a thing you would have to get it from the law office. I don't know if the paper is here or where it is." I questioned how long the girls were banned from the store and was told "indefinietly." I asked this gentleman why we were told one thing and another has occurred, he had no answer he stated "he did not not know anything about what went on, what was signed, what the procedure for the store was. Call the number on the letter you got."
    I feel we are being taken advantage of. I know the girls did wrong, so do they. I am not trying to get out of paying, but double the amount? This manager tells me it is restitution. The items were not damaged, never left the store with girls, and in fact according to him were placed back on the shelf for sale. I also feel that they are trying to recoup from us money from the shoplifters they have not caught. After all the girls never left the store or damaged the merchandise. The merchandise was put back on the shelf, so not only does the store make $150.00 off the girls they also make an additional $75.00 by selling the items.
    My questions are: Is this all on the up and up? Is $75.00 the minimum in NYS for this offense? Shouldn't the manager have some idea of policy and procedure for the store? How can they charge restituition when no criminal charges were filed?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Juvenile Caught Attempting to Shoplift

    I feel we are being taken advantage of.
    Really? That's interesting. How about as a parental punishment, have your daughter research how much money retail stores lose every year due to shoplifters? You might learn something yourself. Who do you expect should have to pay for the stores losses? Non shoplifters? I don't want that passed onto me, and neither do other law abiding citizens.
    You have NO idea how LUCKY you and your daughter are. For starters, shes a minor so whatever happens to her, your responsible for. As you see, the civil demand has your name on it. If you choose not to pay, be forewarned, the fine can double and then triple. Then, if you still refuse to pay, they can take YOU to civil court (and trust me they WILL) and win a judgement. After that, or maybe before, they can press CRIMINAL charges on your daughter. This will require you to appear in court, where she will be found guilty. If you work, you are now out a day's pay and you will need a criminal defense attorney in hopes that you can make a deal and keep her record clean (that will run you about a grand). Oh yeah, once the DA decides to press criminal charges this could very well end with your daughter being arrested where you will have to deal with that mess too.

    Your daughter should stay out of wally world, espically when her mother is rocking the cradle. Walmart at ANY point during the statue of limitations can choose to file CRIMINAL charges (I believe in NY it's 2 yrs) so dont give them a reason to. This is competely seperate from that civil demand letter that you got.

    Your best bet here is to make her pay it, scare the heck out of her and keep out of wally world. It's their policy to prosecute all shoplifters, you may just not be out of the woods here. Trust me when I say the store manager is aware of what is going on, hes just letting the LP do what he's paid to do....catch shoplifters.

  3. #3
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Juvenile Caught Attempting to Shoplift

    I never said we weren't going to pay. But why should I have to pay for someone else's pilfering other than the one we have. And what's with their lies? Tell us one thing, do another.
    When I first talked to the Security Manager he denied being the manager, then when he called me he introduced himself as The Security Manager.
    How does the Security Manager not have a clue as to the store's policy? As the Manager how does he not know what paper we had to sign? And what do mean I'm rocking the cradle?
    Also many articles, researches and reviews of the law firm the store is using has a habit of doubling and tripling the fee even when they get payment. What is that?
    Believe me she has been punished and so have I. I'm just trying to find out if what they are doing is ligit. They don't seem to know. They have no answers to simple questions, nor do they know what happened to the paper, that they did not want me read prior to signing.

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Juvenile Caught Attempting to Shoplift

    I never said we weren't going to pay. But why should I have to pay for someone else's pilfering other than the one we have.
    You can choose to pay it or not, it doesn't hurt me one way or another, it hurts your daughter and your purse. Why shouldn't you have to pay for the camera's and the personal used to catch your daughter commit a criminal act?

    When I first talked to the Security Manager he denied being the manager, then when he called me he introduced himself as The Security Manager.
    How does the Security Manager not have a clue as to the store's policy?
    He has an idea of what the policy is and he violated it by NOT calling the police! Your not getting it! And honestly, does it really matter if he's cheif of security, the manager or the VP canidate?
    As the Manager how does he not know what paper we had to sign?
    We don't know this, how do YOU not know what you signed? BTW, my guess is the piece of paper needed to convict your daughter in criminal court and your agreement to pay.
    And what do mean I'm rocking the cradle?
    I mean by this that your coming across as the problem is the security guard/manager (or barney fife if that's what you prefer to call him) fault and not the fault of your daughter.Don't be angry at wally world bc they cut you some slack by not prosecuting her.

    Also many articles, researches and reviews of the law firm the store is using has a habit of doubling and tripling the fee even when they get payment. What is that?
    That IS THE LAW and they are legally protected. Your now paying for the law firm's bill by having to collect from you. The fines get really UGLY if you don't pay or miss one payment. What they are doing is correct.
    Since they are saying one thing and doing another, you need to brace yourself for your daughter being prosecuted for this that is charged criminally.

  5. #5
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Juvenile Caught Attempting to Shoplift

    We don't know this, how do YOU not know what you signed? BTW, my guess is the piece of paper needed to convict your daughter in criminal court and your agreement to pay.

    I know what I signed, much to their shagrin I READ IT. The security manager is the one who doesn't know what the paper was. The paper I signed was a statement saying that I understand that if she is caught in the store unsupervised she will be fined. It was not an agreement to pay the fee.

    I'm not angry at the store I just don't get how the manager does not know policies. This is my first encounter of this sort EVER and it does frustrate me.

  6. #6
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Juvenile Caught Attempting to Shoplift

    I guess I'm missing something, but, if they did not leave the store with the items, how could they be convicted of shoplifting?

  7. #7
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Juvenile Caught Attempting to Shoplift

    You don't have to leave the store with the goods get caught shoplifting.
    In New York State, people can be prosecuted for acting with intent to shoplift even if the shoplifting was never carried out.

  8. #8
    panther10758 Guest

    Default Re: Juvenile Caught Attempting to Shoplift

    Quote Quoting mmmagique
    View Post
    I guess I'm missing something, but, if they did not leave the store with the items, how could they be convicted of shoplifting?
    Many states have laws that make "concealment" a crime

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