Shoplifting in Macys, First Offense

[cdwjava]

Again, to pay a Civil settlement is to admit Guilt to a violation / criminal charge before it's settled as fact in court. Had you not paid the civil demands, you most probably "IMO" wouldn't have charges.

First, it is very unlikely that the prosecution will ever bring up the civil demand (I've never, ever, seen it raised at court in my state).

Second, paying a civil demand is NOT an "admission of guilt". Can the state TRY and use it to infer guilt? Possibly. But, like most things, it can also be a case of the path of least resistance. Paying a civil demand of, say, $250 might be cheaper than spending time and money to fight a much larger collections case down the road.

- Carl

[panther10758]

I went over orignal post and OP paid CD then and there. So the argument "myself" is trying to make is pointless here

[ahhhsostupid]

but i heard you can negotiate with the prosecutor. i've gotten speeding tickets before where they lower your charge. should i attempt this or no? if the prosecutor lowers it to a municipal ordinance id be ecstatic. does this happen ever?

i did a free consultation with a lawyer and said i have a case to potentially get it dismissed but nothings certain. should i see if the prosecutor will give me what i want before i think about getting the lawyer? im really looking for the municipal ordinance and i'll just get it expunged in 2 years. i feel like a dismissal is too farfetched since i've already confessed.

im an idiot, im doing prostate cancer research and needed to get to the lab to take of my experiment but it jus cost me how much money plus my experiment

[panther10758]

Ask your Attorney about Diversion

[ahhhsostupid]

Ask your Attorney about Diversion

diversion is not possible in nj for this i already did

[myself]

Found this about the Civil liability locally.
Missouri Revised Statutes - Chapter 570

Stealing and Related Offenses "Missouri"
Section 570.087 - Effective Date - August 28, 2005
4. Notwithstanding the provisions of subsections 2 and 3 of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars and all court costs and reasonable attorney fees. Not to exceed $250.00 all court costs and reasonable attorney fees.

5. A conviction under section 570.030 or 570.040 shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.

6. No owner or agent or employee of the owner may attempt to gain an advantage in a civil action by threatening to initiate a criminal prosecution pertaining to the same incident.

There's no way around it.......

[Mouser]

this will in no way affect your college attendance--possibly may prevent acceptance into law school, though; but college in generel, no!

[M'sta Mikey]

It's Preponderance of (the) Evidence; not guilt or otherwise.

... preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

[ahhhsostupid]

but i heard you can negotiate with the prosecutor. i've gotten speeding tickets before where they lower your charge. should i attempt this or no? if the prosecutor lowers it to a municipal ordinance id be ecstatic. does this happen ever?

i did a free consultation with a lawyer and said i have a case to potentially get it dismissed but nothings certain. should i see if the prosecutor will give me what i want before i think about getting the lawyer? im really looking for the municipal ordinance and i'll just get it expunged in 2 years. i feel like a dismissal is too farfetched since i've already confessed.

im an idiot, im doing prostate cancer research and needed to get to the lab to take of my experiment but it jus cost me how much money plus my experiment

[M'sta Mikey]

Civil and criminal matter are two TOTALLY different cases and chances of you, and you alone, negotiating a better sentence are slim to none. If you wish to stand a chance at a reduced sentence, you need the services of a good attorney; one who knows the laws of your state, the prosecutors office, and the judge.