petty theft criminal case + civil case

[tomdallas68]

I live in Texas.

My 16 year old daughter was accused of petty theft by a major retailer at a mall. The criminal case is still pending but we're hoping to get a deferred judgment on it.

Now the store has sent a letter to us requesting $250 in damages otherwise a civil case might be opened. Is it worth it to pay? (the value of the goods was probably only around $20). What is the chance of the store going ahead with a civil case for such a small incident? If we pay could that be used against us at the criminal case?

Thanks!

T

 

[star722]

THe same thing happened to me. I chose to not pay the amount which was twice as much as the merchandise from the store, and waited for my court date. They are onloy doing that as a scare tactic and a way to get more money out of you. Good Luck.

 

[Indiana Filer]

As a probation officer, I've seen several retailers take thieves to civil court for the civil restitution. Your daughter needs to pay this civil demand.

Also, the civil demand is separate from any punishment or sentence given by criminal court.

 

[gwhite]

I would at least wait until after the criminal charges are resolved. What if they cannot prove she stole and the criminal case is dropped?

Some things to think about: Do you have an attorney that wins cases? Have you yet discovered the evidence against her? If guilty, a record like this could be sealed so as to not affect her future. Google "nolo contendere".

 

[FlyingRon]

I would at least wait until after the criminal charges are resolved. What if they cannot prove she stole and the criminal case is dropped?

That means absolutely nothing to the civil case. The standard for a civil case is not "beyond a reasonable doubt" but just a preponderance of evidence. Further, if she signed something when they caught her, she's most likely already admitted civil responsibility.

Some things to think about: Do you have an attorney that wins cases? Have you yet discovered the evidence against her? If guilty, a record like this could be sealed so as to not affect her future. Google "nolo contendere".

And what possible good would NOLO CONTENDRE do for her? She pleads nolo, she will be found guilty criminally. It does mean she hasn't admitted guilt on the record, but it's doubtful that such an admission or lack thereof means much in the civil matter.

 

[CourtClerk]

I would at least wait until after the criminal charges are resolved. What if they cannot prove she stole and the criminal case is dropped?

Some things to think about: Do you have an attorney that wins cases? Have you yet discovered the evidence against her? If guilty, a record like this could be sealed so as to not affect her future. Google "nolo contendere".

While you're on Google, google the difference between civil and criminal cases and the amount of evidence needed to prove both.

Then sit down, read and don't answer one more question here until you know what you're talking about.

 

[gwhite]

Ahhh, so I've attracted the local hit squad. The people who don't initially provide help to OP, but attack others who do try to offer some life experience.

That means absolutely nothing to the civil case.

Actually, it does. If the criminal case is successful, there is a greater chance the the civil case will be successful.

Further, if she signed something when they caught her, she's most likely already admitted civil responsibility.

I dunno, did they? Why didn't you ask the OP? If a bullfrog only had wings.

And what possible good would NOLO CONTENDRE do for her?

Nothing, but nolo contendEre would mean she doesn't allocute. Put in simpler terms for you, she doesn't admit guilt, so that cannot be used against her in a future civil case. It might also cause less of a problem in her adult life, I dunno, you probably know better than I.

@CourtClerk fail

Now go help people instead of creating useless drama.

 

[legal Forum]

My suggestion is to contact the manager of the store directly and talk to him or her. Give your best personal appeal. What you are doing with your life, what stresses you were under at the time. Why it will never happen again. Maybe offer to do community service and provide proof to the store. (Offer to provide the proof well in advance of the court date). You have to get their agreement in writing to dropping the case under 1378. There may also be a charge for the time of the security staff in handling your case. If they agree, provide the civil compromise agreement to the District Attorney's "charging deputy" well before the court date. Remember to put the police report number on it, along with the date and place of the offense, so it gets matched up with the right file.
www.legal-advice-forum.com

 

[Indiana Filer]

My suggestion is to contact the manager of the store directly and talk to him or her. Give your best personal appeal. What you are doing with your life, what stresses you were under at the time. Why it will never happen again.

The poor pitiful me excuse rarely works. You don't get a free pass to commit crimes because your life sucks.

Maybe offer to do community service and provide proof to the store. (Offer to provide the proof well in advance of the court date).

Why would this matter to the store? You need to make the civil restitution to the store, not the community. The Court will probably order community service as part of the criminal proceedings.

You have to get their agreement in writing to dropping the case under 1378.

The store gets no choice in the filing or dropping of the criminal charges. If she wants the civil case dropped, she knows what she needs to do-pay the civil demand.

There may also be a charge for the time of the security staff in handling your case. If they agree, provide the civil compromise agreement to the District Attorney's "charging deputy" well before the court date. Remember to put the police report number on it, along with the date and place of the offense, so it gets matched up with the right file.

It's already been reported to the prosecutor's office. The store doesn't get to change their mind. Once the police are involved, it's up to the state on whether or not to file or drop charges.

 

[cyjeff]

Do not contact store management. If you have already received a letter, the store no longer has any control.

Pay the civil demand. Failure to do so would mean that the store could (and will) take you to court and win.... and then you pay the fine, court costs and legal fees. This can easily triple the amount of the fine.

Retailers have legal staffs for this. Your daughter's case will be grouped with a handful of others and the judge will rule on all of them one after the other.

And, since your daughter signed a document saying she stole (and she did), the trial isn't even going to take 5 minutes.

While a spirited debate between civil and criminal cases is interesting, neither case has anything to do with the other... legally.

OJ was found criminally innocent and civilly liable. While a criminal conviction can help a civil case (since criminal burden of proof is much more difficult than civil), being found innocent in criminal court does not preclude a civil finding against someone.

 

[cyjeff]

One more point...

What retailer in their right mind would allow a caught thief to work off ANYTHING in the store they stole from?

Even suggesting that means that your "life experience" means nothing.

 

[OldandTired]

As a probation officer, I've seen several retailers take thieves to civil court for the civil restitution. Your daughter needs to pay this civil demand.

Also, the civil demand is separate from any punishment or sentence given by criminal court.

Now see! This is exactly the very kind of BS that I've been talking about when it comes to the United States Judicial System. The daughter steals an item worth $20, and the store wants $250.

She committed a criminal offense. Let her pay through the criminal justice system. It seems that no matter what happens here, someone always wants money, and it's responses like that up there, your apathetic responses that allows it to continue. "

And what possible good would NOLO CONTENDRE do for her?

I'll tell you what a plea of No Contest will do for her in Texas. Under the Texas Rules of Criminal Procedure, a plea of No Contest cannot be used against the defendant in any civil proceeding arising from the criminal case. Meaning that the criminal charge cannot be used against the defendant in any stupid-assed lame civil complaint they may want to bring later.

I am SO SICK of the U.S. Judicial system! When are people finally going to wake up and vote out those idiots that make the laws that allows this crap to happen in the first place??

$250 for a $20 item......you have GOT to be kidding me.

 

[CdwJava]

Well, if she tells the retailer to screw themself, she could find herself not only paying the original $250, but an ADDITIONAL $500+ when/if it goes into collections ... not to mention the credit hit.

Until the states disallow these civil assessments, they are codified into law and when you do not pay them, you run the risk of further costs. It's a gamble that anyone subject to these assessments has to risk if they do not want to pay.

- Carl

 

[cyjeff]

The reason for the additional costs is that it doesn't cost a store $20 when a $20 item is stolen.

There are costs involved around loss prevention... cameras, staff, legal staff... all kinds of things...

Not to mention for every shoplifter caught there are several that are not.

When a person gets caught, they put themselves on the hook. If it doesn't seem fair, now you know how the rest of us feel when prices are raised to cover the cost.

You are naive if you think that store will take a lower margin because of theft. Prices are merely raised on the rest of us.

 

[OldandTired]

While I understand that there are other costs associated with loss-prevention, and that we, the people that pay for what we take out of the store, have to pay higher prices because of those that don't, I still can't get angry enough to see the justification in raping people because their kid screwed up. I'm sure it's not the first time the kid has done this either. Just the first time she got caught. But come on, is that realistic to get so deep into someone's pocket over an item that is $20 in value? Not in my opinion.

The mother/father is already going to have pay a fine and Court costs, along with the monthly probation fees and any other Court-ordered counseling, classes, etc. that she's ordered to take. That right there is going to cost upwards of $5,000-$8,000 easily. Another scam for high dollars. The American justice system is just completely out of control when it comes to charging people money.

It would be nice if everyone ever charged with a crime just said, "Screw it. I'm not paying anything. Lock me up and I'll just sit it out." How much extra cash would they have then?

I need to stop here before I give the appearance of hijacking the thread.