QUESTION
If she pays the fine, does she still go to court and what are the possible outcomes?
Asked on Mar 23rd, 2013 on Criminal Law - Colorado
More details to this question:
My daughter was with a friend who took two shirts. Both girls were taken into the security office of the store. My daughter was served a citation on the spot with a description that said she took $70 worth of merchandise. The friend had the shirts in her purse, my daughter took nothing, and her purse was not searched. A court date is set. Today she received a "demand" for $220 dollars from the store. Included was a copy of the PA civil shoplifting law. The last few lines state: "Release. If the person to whom a written demand is made complies with such said demand within 20 days after the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act retail theft."
4 ANSWERS
Michael J. Breczinski
There are two different things happening here. One is the criminal matter to which she should fight it since she did nothing wrong. (Assuming that she did not encourage or help the other girl.) The second is a separate civil matter where the store can get damages for the larceny that are set by statute. The defense is the same in both, that she did nothing wrong. The other parties I both matters have to prove that she helped or encouraged her friend. Get a lawyer and fight.
Answered on Mar 26th, 2013 at 2:10 AM
Paying the money to the store and having them send you a signed release does not relieve her of criminal charges. She still has to go to criminal court on the date of her citation. She needs to make sure that paying the damages to the store cannot be used in the criminal case as an admission of guilt. If it does then she should not pay it until the criminal case is settled.
Answered on Mar 26th, 2013 at 1:17 AM
Don't confuse the civil case between her and the store with the criminal case between her and the state. Paying the civil demand won't do a single thing for her, but make her incriminate herself. She needs to hire a lawyer before she gets duped into a plea in court that she will regret for life. Petty theft is a crime of moral turpitude, and if convicted she can kiss her school/career aspirations goodbye.
Answered on Mar 25th, 2013 at 1:41 PM
2 Awards
Yes, your daughter must appear at her court date. The letter she got does not dismiss the criminal charges, regardless if she pays it our not. If the shirts were returned in salable condition, she might not owe any criminal restitution to the store. Depending on the facts of the case, she may be eligible for a diversionary program. It would be a good idea to hire a criminal defense attorney in your area.
Answered on Mar 25th, 2013 at 1:40 PM