QUESTION

How they can fine me outside of court, then summon me to court?

Asked on Oct 14th, 2013 on Criminal Law - Michigan
More details to this question:
I stole $500 worth of stuff from a store, I paid for a few items. When I was walking out the door a woman stopped me and said "Do you know why I'm stopping you?" My reply was "yes because I'm stupid" She asked me to go with her to the back room and hand over all the stuff I took. I was very cooperative, and polite. They got back everything I took. She had me sign a paper stating I was not allowed back to any of the branch store or I'd be arrested for trespassing. She took my license, height, eye color and a picture of me which she said would not be released its just for the store. She said I would be receiving a fine in the mail no greater than $250. She did however call the police. When he arrived he asked me why I did it, I told him there was no excuse I'm just stupid, and deserve to be punished and arrested. He did not fill out a police report or anything in front of me, and I did not sign anything other than the no trespassing paper from the store. The cop said " You're lucky I did not arrest you, I have 2 DUI's to deal with right now. You will have to go to court, so I hope you learned your lesson, you are free to go." My questions is, do you think they were trying to scare me with the going to court remark? If the store is mailing me a fine, isn't that something that should be taken care of in court, if they are really going to summon me? When I get the fine I will pay it, I just don't understand.
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4 ANSWERS

Michael J. Breczinski
There are two different matters. First is a civil fine that the store can get out of you. This is totally separate from any criminal case against you. You should go to court, plead NOT guilty and get a lawyer. That person may be able to get a deal where you end up with no criminal conviction on your record. This is huge. A criminal conviction is FOREVER. What employer wants to hire a thief?
Answered on Oct 17th, 2013 at 1:46 AM

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Thomas Edward Gates
The statement from the store is for a civil fine. You will also be charged criminally for the theft.
Answered on Oct 15th, 2013 at 11:35 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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They are two separate matters. The $250.00 fine is a CIVIL penalty. This is separate from the CRIMINAL penalty. Even if you pay the civil penalty, you can still be charged criminally. Shoplift is punishable by up to a maximum of 1 year in jail and a $5,000.00 fine
Answered on Oct 15th, 2013 at 11:18 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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They can elect not to pursue criminal charges, and it sounds like that maybe the option they chose. They can demand a civil penalty which is separate from the criminal case. If you get a civil demand letter in the mail, that is probably what that is.
Answered on Oct 15th, 2013 at 11:04 AM

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