Q: My friend was accused of shoplifting by TJ Maxx for wearing something in the store and walking around. My friend was wearing a pair of shoes and a sweater that she picked up… Scroll down to read more!
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/my-friend-was-accussed-of-shoplifting-by-tjmaxx-fo-2338398.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
b. No. It is not a criminal matter unless the cops are called out;
c. In regard to the civil penalty: civil penalty. Unless your friend voluntarily pays, then, in order for TJ Maxx to get the civil penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute authorizing the civil demand (see F.S. 772.11 – a link appears below ) permits a retailer to seek a minimum of $200 in damages, but to do so they have to first file a civil lawsuit, which will cost them hundreds of dollars just to file, and then many more to prosecute. Their demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which has not yet, and which may never be, filed.
That said, whether or not you pay them is both a personal and a civil, and NOT a criminal defense related, question.
Please see: 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.
Michael A. Haber
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
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She has to choose to either pay them or not, and either way there are consequences (the ripple effect).
If she pays them they go away.
If she doesn’t then they can do whatever they wish (within the confines of the law) or not.
Many retailers maintain a shoplifting database, some are publically accessible some are not. Others actively disseminate their information. While this seems to be nothing more than lawful extortion it is in fact lawful.
In the end, as I originally said, whether or not she pays TJ Maxx is both a personal and a civil, and NOT a criminal defense related, question.
Thank you again for the +++ feedback and feel free to ask anything anytime.
a. Is there anyway this can turn into a criminal matter. So if she doesn’t pay, can they decide to turn this into a criminal offence and go to court
b. If she does pay, does this become an admission of guilt in case later this does turn into a criminal issue
Much obliged again
b) No. Payment of the civil penalty has nothing to do with criminal court and shoudl not be admissible in a subsequent criminal proceeding.
Let me add that I routinely advise people to throw those notices in the garbage and not to think twice about them. The reality is (as suggest with my example of the Sun exploding and all life on Earth ceasing to exist) that it is a rare circumstance where a retailer will throw away good money for bad. Still, if your friend wants to hedge her/his odds then $200 is a small price to pay to shut TJ Maxx up and close their file.
Thank you again for your kind feedback.