13 y.o. Daughter Caught Shoplifting..Curious

[jeffw]

What is the name of your state (only U.S. law)? Illinois

Hello all!

Read through the various threads on shoplifting, but none answered this question:

On July 26th, our daughter was caught shoplifting about $45 worth of merchandise from a large national retailer. It was her first time doing anything illegal. We were called in to the store to pick her up. The police were present. We picked up our daughter in the security office. I asked the police, " What do we do now?". He said a juvenile officer will contact us.

Yesterday, August 17th, we received a civil demand letter from the retailer, wanting $200 in damages, in resitution for not pursuing a civil case. Criminal charges are not included.

Question is: We signed no documents at the retailer. The police did not ask us any questions, did not verify any information, did not give us a citation or a court date. We just took our daughter and left the store, with the police stating a juvenile officer will be in contact. We have still not heard anything from the police or juvenile officer.

That being said, am I correct to assume that no criminal charges were filed? Would the police need to do that at the time we picked up our daughter, or can they wait?

I understand about the civil demand, and am contemplating paying it. This would make the civil case go away, but I have no idea if a criminal case is even pending, as we were not called in to the police station, nor did the police even mention a citation. I do not want to call the police station, or the store for that matter, to see if the issue is being pushed. Just wondering if they would pop up sometime in the future, and then press criminal charges.

thank you for the help

 

[Antigone*]

What is the name of your state (only U.S. law)? Illinois

Hello all!

Read through the various threads on shoplifting, but none answered this question:

On July 26th, our daughter was caught shoplifting about $45 worth of merchandise from a large national retailer. It was her first time doing anything illegal. We were called in to the store to pick her up. The police were present. We picked up our daughter in the security office. I asked the police, " What do we do now?". He said a juvenile officer will contact us.

Yesterday, August 17th, we received a civil demand letter from the retailer, wanting $200 in damages, in resitution for not pursuing a civil case. Criminal charges are not included.

Question is: We signed no documents at the retailer. The police did not ask us any questions, did not verify any information, did not give us a citation or a court date. We just took our daughter and left the store, with the police stating a juvenile officer will be in contact. We have still not heard anything from the police or juvenile officer.

That being said, am I correct to assume that no criminal charges were filed? Would the police need to do that at the time we picked up our daughter, or can they wait?

I understand about the civil demand, and am contemplating paying it. This would make the civil case go away, but I have no idea if a criminal case is even pending, as we were not called in to the police station, nor did the police even mention a citation. I do not want to call the police station, or the store for that matter, to see if the issue is being pushed. Just wondering if they would pop up sometime in the future, and then press criminal charges.

thank you for the help

It would definitely be in your daughter's best interest to pay the civil demand. The civil penalties and criminal penalties are completely separate.

just to add: Your daughter should be the one paying the demand. She could earn money, babysitting, walking dogs, picking up poop, gardening, washing cars.

 

[stealth2]

It was her first time doing anything illegal.

More likely - the first time she's been caught.

And yes - SHE should be the one paying the civil judgment.

 

[Yertle8]

If you force them to take civil action they will likely ask for more. I've seen people on here complaining because they have to pay a $500 civil demand for a $20 item. $200 for a $45 item is getting off lightly.

The police do not have to bring charges against your daughter immediately. Calling to see what the status of the potential charge is will have no effect on whether charges are brought against her. If you want to know, call.

 

[jeffw]

If you force them to take civil action they will likely ask for more. I've seen people on here complaining because they have to pay a $500 civil demand for a $20 item. $200 for a $45 item is getting off lightly.

The police do not have to bring charges against your daughter immediately. Calling to see what the status of the potential charge is will have no effect on whether charges are brought against her. If you want to know, call.

Thank you. That was my main concern. If they didn't bring them up immediately, why would they wait? And if the retailer is willing to settle a civil case out of court, would they not have to press charges in order for the police to pursue a criminal case?

thanks again

 

[You Are Guilty]

Thank you. That was my main concern. If they didn't bring them up immediately, why would they wait? And if the retailer is willing to settle a civil case out of court, would they not have to press charges in order for the police to pursue a criminal case?

thanks again

I'll have to double check, but I believe they have up to one year from the date of the incident to file criminal charges. It's possible the retailer is waiting to see if the civil demand is paid before determining whether to press criminal charges.

 

[Alex23]

When I was a kid and I got caught shoplifting my parents made me go back to the store and apologize and volunteer to work there for free after school for a week. I did a lot of parking lot sweeping and cardboard box breaking. I had a lot of time to think about my error, and I think I learned my lesson.

It's often said that expensive lessons are the ones that people learn from. In my case I was nine years old (I think) and I only grabbed a pencil eraser top. I learned that it's still stealing, no matter how small the item.

 

[Yertle8]

Thank you. That was my main concern. If they didn't bring them up immediately, why would they wait? And if the retailer is willing to settle a civil case out of court, would they not have to press charges in order for the police to pursue a criminal case?

thanks again

I cannot guess as to why they would wait, but they can.

The store does not have to bring a civil case before your daughter is charged with a crime, nor would they have to at any time afterward. They are totally independent.

Although, if they store wants the charges dropped, it would probably happen, so that's another reason to pay the demand and try to make them happy.

 

[Country Living]

You had wise parents, Alex.

An older couple had the ranch before us. They were gone several days and came home to 4-wheeler tracks all over the hay meadow. The rancher down the road quickly figured out who did it and contacted their parents. The parents made no excuses for their naughty boys and the boys cleared the older couple's fence line for five weekends during that long, hot summer.

Pay the $200 and have your daughter keep a ledger of when and how much she pays you back from money she earned (Grandma giving it to her doesn't count).

 

[jeffw]

thank you all for the kind responses. my daughter is paying us back...with interest.

 

[Country Living]

thank you all for the kind responses. my daughter is paying us back...with interest.

Interest.... nice touch!

 

[windy.hess]

I have been to Juv court with my son and generally what happens, is you will recieve a ticket in the mail telling to call the court for a hearing. Generally on a first offense it is nothing too serious. You will be ordered to pay the $200.00 if that is what the retailer is asking for. If this is done before your hearing that could just be the end of it. Once you go through the presentation you are called back to meet with a case worker and they have already reviewed the case. Like I said you will have to pay the $200.00 the Court will probably fine a fee and make your daughter take some type of class in regards to shoplifting that you will have to pay. So a $45.00 item may end up costing you $300.00. This being the first time that generally is what takes place. I remember the first time my son had to go to Juv Court and I was scared to death, thining it was going to be some major ordeal and to me it was not, but I was not about to let him know I was relieved. I played it for what it worth and made sure he understood how serious this was.

 

[>Charlotte<]

I have been to Juv court with my son and generally what happens, is...

Are you talking about juvenile court in Utah? The OP of this thread is in Illinois.