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  1. #1
    Join Date
    Mar 2009
    Location
    Suffolk County, NY
    Posts
    2

    Post Shoplifting - Civil and Criminal Penalty

    My question involves criminal law for the state of: New York
    My 22 year old daughter was issued a ticket recently for shoplifting at a K-Mart store a total of 4 items worth approximately 50-60 dollars total. She has now received a letter from some lawyer representing K-mart that is requesting a $350.00 civil penalty, although nothing that she had was destoyed in any way and was returned to the shelves for sale as she waited for the police to write a ticket. She must pay this within 20 days of the dated letter, prior to any criminal hearing? Does this sound right? Is this excessive? Is this negoitable? She is a honors college graduate with a clean record, not even a driving summons. What she was thinking is beyond me to answer. Any thoughts on a possible criminal penalty?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Shoplifting - Civil/Criminal Penalty

    The civil penalty is to compensate the store for its losses including staff time devoted to catching and prosecuting thieves. Thieves costs stores a lot of money. If she wants to try to negotiate over the demand she is free to try.

    The criminal penalty, assuming this is the first time she was caught, is likely to include probation, fines, and possibly community service.

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