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Should I contact Walmart about Restitution for Shoplifting / Civil Theft? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      Should I contact Walmart about the restitution notice?  At the beginning of Dec I was caught shoplifting 2 pairs of pants in the amount of $30. I was told to contact them… Scroll down to read more!

February 2, 2016 / Michael A. Haber /
Q:      Should I contact Walmart about the restitution notice?  At the beginning of Dec I was caught shoplifting 2 pairs of pants in the amount of $30. I was told to contact them if I don’t receive anything in the mail in 2-3 weeks. It has been just over 3 weeks and I haven’t gotten anything from Walmart nor the police department.  What should I do? I have never been in any kind of trouble before.

A:     Chosen as “Best Answer” by Asker on www.AVVO.com

Locally licensed lawyer

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For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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3 lawyers agreed with this answer

James F. Feuerstein III
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
David Knox
David Knox
Criminal Defense Attorney – Tampa, FL

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Best Answer
chosen by asker
Answered .  Do not do anything.

Do not offer yourself up.

If they reach out to you then you can deal with it (and, for reasons stated below, you can probably – “probably” – safely deal with it by throwing their civil demand letter directly into your garbage can).

In Florida, retailers are statutorily entitled to seek monetary relief from folks for acts civil theft. However, in order for a retailer to get the penalty, the retailer must first be able to prove (by clear and convincing evidence) that they were injured by your theft.

The statute (see F.S. 772.11 – for your convenience a link is attached below) authorizes the retailer to seek a minimum of $200 in damages, but to do so you either have to succumb to their demand (i.e. voluntarily pay them) or they (the retailer) will have to file a civil lawsuit, which will cost them hundreds just to file, and then hundreds or even thousands more to prosecute their claim.

In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is both a civil and a personal, not a criminal defense, related question.

FS 772.11 – Civil Theft / http://www.flsenate.gov/Laws/Statutes/2012/772.11

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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