One of the most common questions on Avvo.com, gets its answer!
Rising alongside the prevalence of self-checkout, forgetful, preoccupied, or plainly negligent store customers face accusations of shoplifting when they fail to ring up their items. Before self-checkout, and continuing today, other individuals have a distinct goal of stealing from stores. Both groups, whenever caught by the store’s loss prevention team, face a humiliating and anxiety-provoking interrogation into their actions. How does this typically go?
By now, we all know that retailers employ various measures to prevent theft. From simple security tags placed on items to cameras littering store ceilings to sophisticated face recognition and product detection software, retailers are sniffing out attempts at shoplifting. Some of these attempts are blatant– deliberate, intentional theft, like a shopper picking something off a store shelf and shoving it into their purse or backpack. Often, however, simple mistakes are made that render well-intentioned people into would-be “thieves.”
A common scenario: a shopper loads up their cart with groceries and heads to self-checkout. The shopper clumsily navigates the register’s prompts, struggling to hear the electronic voice describing “unknown items in the bagging area” over the loud store music and constant beep-beeps coming from other checkout lanes. Maybe the shopper has a child or two, impatient or fussy, adding to the stressful checkout process. In a rush to leave, the shopper misses scanning something that was obscured by other items in the cart or simply slipped out of sight. The shopper pays and heads toward the store exit, but is stopped on their way out. The shopper is accused of shoplifting and is asked to come to the loss prevention office. The shopper is stunned, confused, and embarrassed.
Both kinds of shopper– the ones intentionally stealing and the ones suffering from forgetfulness and preoccupation– will share similar experiences once they’ve been apprehended by loss prevention. Some stores have a policy to immediately call the police. When police officers arrive, they issue the accused shoplifter a citation for theft or, as circumstances dictate, law enforcement officers may arrest the accused shoplifter. When police are called to the scene, criminality is immediately assessed, with the shopper being summoned to court or being arrested. However, police are not always called to the scene of suspected shoplifting.
Regardless of whether police are called to the scene, the store’s loss prevention will usually take down the accused shoplifter’s information with the intent of having a civil demand for payment sent to the accused’s address. This civil demand is in the nature of restitution, asking the accused to pay the value of the items that they attempted to steal, in addition to other costs (typically $200-$1,000.) At some later time, the accused shoplifter will receive a demand for payment in the mail. The demand will often threaten further legal action if payment isn’t made– a lawsuit against the accused and payment of the attorney’s fees incurred as a result of having to file suit. (Texas Theft Liability Act, Civ. Prac. Rem. Code Ch. 134)
Everyday, prospective clients consult with criminal defense attorneys and relay a similar story. The scenarios described above are very common on Avvo.com, the legal Q&A site where I often answer questions relating to criminal law in general. The frequent Avvo posts asking whether civil demands should be paid inspired this blog post. So the question is, to pay or not to pay?
Paying a civil demand letter often puts the civil aspect of the theft to rest, which can give some peace of mind that there won’t be a bigger lawsuit coming later. But paying a civil demand doesn’t guarantee that the accused is in the clear. Retailers can pursue criminal charges against an accused shoplifter even if the civil demand was paid. If criminal charges are filed against you, contact a criminal defense attorney immediately. The legal and social consequences of theft charges can be quite harsh, so quality representation is essential.
YOU’VE RECEIVED A CIVIL DEMAND LETTER– NOW WHAT?
Upon receipt of a civil demand letter connected to a suspected shoplifting incident, take the following steps:
Read the letter carefully, taking note of the amount requested and the deadline for payment.
Compile information and evidence related to the incident (date, time, items involved, as well as receipts and statements from witnesses.)
Contact an attorney for perspective on the matter, assessment of the letter’s legitimacy, and information on how to proceed. Consider retaining an attorney to respond to the demand letter on your behalf.
Respond to the letter, if you choose to, in writing and without admitting any wrongdoing. Keep the tone of your response professional and polite. Retailers may be willing to negotiate down the amount demanded.
I discussed the reality that criminal theft charges often come alongside civil demands for payment. In Texas, whether theft is charged as some level of misdemeanor crime or some level of felony offense depends on the value of the property stolen. Texas charges theft between Class C misdemeanors (theft of property under $100) all the way up to charging theft as a First Degree felony (theft of property valued at $300,000 or more.) Repeat offenders face criminal enhancements and harsher punishments.
Whatever the criminal charge you’re facing, Diablita can craft your strongest defense. Don’t wait– speak with the Devil.
Call (512) 838-3442 for a FREE initial consultation.
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