Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 28
  1. #1
    Join Date
    Apr 2009
    Posts
    18

    Unhappy Shoplifting at Kohls

    My question involves criminal law for the state of: California

    Friend and I caught shoplifting at Kohl's, just shoes. It was our first time and a bad choice...obviously. Were video taped. Got arrested and let go that very night. Our tickets from the cops said it was a 488 petty theft, and on the letter it said it was a 490.5.Both our records were clean. I have a court date already from the ticket and the cop threatened both of us saying, "if I ever see you driving in my city, I will pull you over for whatever reason.(to pretty much get us in the trouble)" (thing is chula vista is part of san diego county.)
    I know that this can impede in getting a job for future references and whatnot. We just got our letters telling us to pay 325 each and if we don't then "civil court action[will be used] against you". We are both 18.
    So my questions: What is civil court action? Why are charges different? From reading some of people's cases I can get a diversion(so does that make it come off my record?) Can I bring up what the cop told us and use it to an advantage? We both admitted to what we did, so wouldn't the court go a bit "easier" since we cooperated? Both can't afford a lawyer, so where do I look for a public defender?
    Another thing:
    Save me the sarcasm, this is a forum for people who seek advice not criticism/sarcasm.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting at Kohls

    Unless you have valid proof of the threat from the police officer....you have a snowcones chance in Hell of using that in a courtroom. Think of it this way....2 criminals vs a police officer, with no evidence.

    Now....for the rest of your questions:

    Civil Demand is the letter you received asking for the $325 each. PAY THIS ASAP! If you don't, a lawsuit can be filed and will cost you a lot more money (the cost of the store to file the Civil Suit, the cost for their attorneys, etc).

    As for the differences in charges and demands - the laws and penalties vary by the state and even the County the offense occurred in.

    As for not being able to afford an attorney: I do recommend you see a Criminal Defense Attorney, atleast for a consultation. Many offer a free 1/2 hour consultation. Ask your questions, follow the advice.

    PS: Just because you get a Public Defender does not mean it is "free". In my area, you are expected to pay $210 for the service.

    And even if you do complete a Diversion program, your record is still available to Law Enforcement (and possibly employers).

  3. #3
    Join Date
    Apr 2009
    Posts
    18

    Default Re: Shoplifting at Kohls

    Thanks for the reply. You're right about the cop part, but I thought they were under surveilllance, not only on cam but by mikes.
    Yeah I'm gonna pay the civil demand no matter what.
    So if the diversion program doesn't remove it off my record then what does? I have read some of people's stories and they have stolen things that are a lot more expensive and in the state of Cali and have not gotten arrested, but I guess it's different everywhere.
    One other question, you know where I could find some attorneys, like in the yellow pages?

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting at Kohls

    You're welcome.

    Yes, check the yellow pages, look for Criminal Law Attorneys.

    PS....you may be able to have your case expunged after a few years.

  5. #5
    Join Date
    Apr 2009
    Posts
    18

    Default Re: Shoplifting at Kohls

    So I received a letter and we called to check it was the real thing, because we have heard that some can be fake and well the name that they gave us did not match the name on the letter and they didn't know what the acronym stood for and when we asked if it were fake, they got all defensive and said, "we are not fake!" and hang up. Now if you wanted to defend your case, why hang up? So not sure if we should pay up or not. Any advice before I should ask an attorney?
    Also, I heard that a witness comes up to the court to prosecute, is this true?

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting at Kohls

    Your Kohl's Civil Demand letter should have come from Kohl's Corporate office with a Wisconsin address. There's a phone number to make payments or arrange a payment schedule.

    A Criminal Defense Attorney could handle that also.

    As for witnesses appearing in court: Yes, if it goes to trial, yes they will have to appear and testify.

    Did you sign forms in the L.P. office admitting your crime? If so, you do not want a jury trial.

    Again, consult with a Criminal Defense Attorney. Most offer free consultations, and will give you advice. If you can't afford to retain an attorney, best bet is to go to the arraignment and state "I stand mute". Then you will be given a Public Defender (not necessarily free, you may be expected to pay $200+). Then it goes to Pre-Trial Conference, at which point the P.D. may be able to make a plea deal or diversion program for you.

  7. #7
    Join Date
    Apr 2009
    Posts
    18

    Default Re: Shoplifting at Kohls

    I have to find the letter and check the mailing address. Because when we called they said they were SBC when on the letter it said something else.
    I am aware of the fees for defender and court, which is about 200 each, plus fines.
    Yeah I signed the papers, but didn't give them my social only my address, that's all they know of me and of what I drive.
    I heard of some people getting arrested for amounts higher than mine and did not get the cops called on them, so is there like a limit for a person to get the LP to call the cops?

  8. #8

    Default Re: Shoplifting at Kohls

    Quote Quoting dumbyouth
    View Post
    I have to find the letter and check the mailing address. Because when we called they said they were SBC when on the letter it said something else.
    I am aware of the fees for defender and court, which is about 200 each, plus fines.
    Yeah I signed the papers, but didn't give them my social only my address, that's all they know of me and of what I drive.
    I heard of some people getting arrested for amounts higher than mine and did not get the cops called on them, so is there like a limit for a person to get the LP to call the cops?
    No, the only limit is the guidelines individual companies set for their LP staff to follow.

  9. #9
    Join Date
    Apr 2009
    Posts
    18

    Default Re: Shoplifting at Kohls

    Thanks for the reply.
    What do I do if the letter they sent me is false?

  10. #10
    Join Date
    Apr 2009
    Posts
    18

    Default Re: Shoplifting at Kohls

    Also another thing the letter that we have recieved came from New York, not Wisconsin.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Shoplifting at Kohls
    By ahhhhh in forum Criminal Charges
    Replies: 3
    Last Post: 04-13-2011, 08:22 AM
  2. Retail Fraud / Shoplifting: Shoplifting At Kohls
    By 0144A in forum Criminal Charges
    Replies: 6
    Last Post: 01-22-2009, 04:18 PM
  3. Retail Fraud / Shoplifting: Shoplifting At Kohls
    By icrng in forum Criminal Charges
    Replies: 8
    Last Post: 04-07-2008, 09:35 AM
  4. Retail Fraud / Shoplifting: Shoplifting at Kohls
    By worried123 in forum Criminal Charges
    Replies: 11
    Last Post: 04-17-2007, 07:25 PM
  5. Theft and Larceny: Shoplifting at Kohls
    By mirzad1988 in forum Criminal Charges
    Replies: 1
    Last Post: 03-31-2007, 08:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources