Shopplifting By Mistake

[CdwJava]

Well, we sent a guy back to prison on a parole violation and felony 'petty theft with a prior' (PC 666) for opening and using a 99 cent vial of eyedrops in a Wal-Mart store. So, while the fine for a drill bit would not likely be $500, it COULD be UP to $500 PLUS court fees and payments to a state restitution fund ... AND paying back the cost of a public defender.

Out here the total out of pocket would likely be close to or more than the $500 if it went to trial and was lost.

- Carl

 

[garrula lingua]

Petty theft Penal Code 484(a) in CA: up to six months in jail and/or a fine of $1000.
A used pencil, used gloves, etc. have a very slight chance of being filed;
anything new, including drill bits, have a 95% chance of filing.

If the case isn't presented for filing immediately after the theft (person booked or citation issued), the chance for criminal filing is, probably, about 2 percent (miniscule).

The civil assessment is separate from criminal court proceedings.
OP: have they dinged your credit ? Did they threaten to ?
Did you sign anything agreeing to pay a civil assessment ?

 

[Kane]

Well, we sent a guy back to prison on a parole violation and felony 'petty theft with a prior' (PC 666) for opening and using a 99 cent vial of eyedrops in a Wal-Mart store. So, while the fine for a drill bit would not likely be $500, it COULD be UP to $500 PLUS court fees and payments to a state restitution fund ... AND paying back the cost of a public defender.

Out here the total out of pocket would likely be close to or more than the $500 if it went to trial and was lost.

- Carl

Yeah, but he's talking about a civil fine, not criminal charges.

This is a civil lawyer threatening a civil suit, not a prosecutor.

 

[Annon72]

No Prior Record

I guess if you were out of prison on parole, you should be a little more cautious but I have no previous arrests. Ive never stolen anything, well when I was a kid there was that time with the chocolate syrup. But nothing since I turned 7 years old. For those of you in my situation, I would suggest not responding to the threatening letters. I figure a big biz like Home Depot would see the logic in not spending money on lawyers and court fees over something that was under $5.

 

[CdwJava]

Yeah, but he's talking about a civil fine, not criminal charges.

This is a civil lawyer threatening a civil suit, not a prosecutor.

Yes, but the comment I was responding to was the notion that a $4 bit wasn't likely to result in criminal charges or a $500 fine. In my state that isn't the case ... it can do just that.

- Carl

 

[CdwJava]

I guess if you were out of prison on parole, you should be a little more cautious but I have no previous arrests. Ive never stolen anything, well when I was a kid there was that time with the chocolate syrup. But nothing since I turned 7 years old. For those of you in my situation, I would suggest not responding to the threatening letters. I figure a big biz like Home Depot would see the logic in not spending money on lawyers and court fees over something that was under $5.

Your probably right. They aren't likely to waste time going after you for $500. But, in theory they COULD file theft charges with the police. In practice, this is not likely ... at least I have never known it to be done where I have worked. In my previous city we had several big box stores and TWO (now three) Wal-Marts, and none ever called us after the fact to report a shoplift.

- Carl

 

[Donny H]

Some twenty years ago I foolishly stole batteries from a Thriftys, I was not in the habit of stealing things, but I did it, got caught, cooperated with security, and was released.

I got the letter a month later, it asked for $125, and I paid it immediately, simply to avoid furthur humiliation at a neighborhood store in a small neighborhood. I bet a lot of folks just pay it for the same reason.

Now, your case is different, obviously, and in your shoes, I would fight it.

$125 wasn't that much money, plus I was guilty as sin, but $500 is a different story, especially for an innocent man.

five hunnert dolla buya lotta drell bits

Good luck.

 

[freeadviced]

Is HomeDepot for real?

I have also recieved one of those letters from the lawyer in FL - i am in PA. Have any of the folks who have recieved this letter recieved any follow-ups from the lawyer or from HomeDepot? The letter i recieved was for $163.46, i noticed some folks recieved letters for $500 - does HD base the fine on the cost of items "shop lifted" or arbitrarily from person to person ? can HD put something on my credit report w/out my having the opportunity to argue in court? thnx for any info or follow up info.

 

[AlanShore]

There is a formula they use, I believe its double the total cost of what you attempted to steal or actually stole.

You should pay the civil fee, because you would for sure lose in court.

 

[cbg]

And this thread had been dead for well over a year before it was resurrected.

 

[ProPerDoper]

Dead Thread, But Still a Live Subject

My minor daughter was recently detained but not arrested for stealing a $10 belt. She's never been in trouble, and a 3.5 GPA student....just a dumb mistake. Luckily the juvenile intervention officer from the local PD was dispatched, he saw that she was a good kid and dad was gonna deal with it. The store manager did not press charges and the PD did not cite her.

Yesterday the civil demand for $250 shows up from the store's loss recovery/collection law firm. I have a few weeks to think it over...pay it, or ignore it.

After reading the California Penal Code sect. 490.5 (b), and the above thread, it seems that we should distinguish the reason for the civil demand pursuant to this code: Although the intent of this code may originally have been to recover losses which stemmed from the individual theft, (plus penalties) stores are now hiring firms to pursue payment following a theft as a method to recover costs expended in their overall security efforts.

If this matter went to small claims court I suspect that the Judge wouldn't give much weight to the fact that the theft loss was only $10.00. Theft is theft. I'd guess that more consideration would be given to the fact that it's a first offense minor, good kid, etc.

I've had enough experience with family law and personal injury law to know what a time consumer any legal matter can be. $250 buys me a whole lot of freedom from oppression and time drain. On the other hand, I'd much rather use the $ to raise my kids.

Still thinking this one over, I am.....

 

[Antigone*]

Necroposting is bad decorum in our forum. Please start your own thread for your questions.

 

[ProPerDoper]

Necroposting?

My bad....

Sorry, don't know about or understand the offense, but I will start a new thread as requested.

 

[VeronicaLodge]

My minor daughter was recently detained but not arrested for stealing a $10 belt. She's never been in trouble, and a 3.5 GPA student....just a dumb mistake.

an intentional act of stealing is not a "dumb mistake"

 

[ProPerDoper]

OOOOOkay then.....

It was a very foolish thing to do. It was a poor choice. It was bad judgment on her part.

Better?