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jmorgis jmorgis is offline

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Showing Visitor Messages 1 to 2 of 2
  1. lwt210
    02-12-2009 19:05
    lwt210
    About the shoplifting thing:

    I am a cop in Alabama and used to work in several stores in Loss Prevention. I know a thing or two about what you are going through.

    Criminal part: Find out if she can plead guilty and have this put on her juvenile record which may be expunged when she turns 21. Not sure if Florida has the same thing as we do but I see this happen all the time. So long as the kid has a clean record, they will let them put things on their juvy record ONE time. It's worth a shot and you should be able to find out by calling the local prosecutor's office. If they won't give you the time of day, it's always something that can be brought up in court. If they say no, plead not guilty and stipulate an appeal. Hire an attorney.

    Civil part: Walmart is utilizing a system of civil restitution with the 200.00 letter. In Alabama, we sent these out all the time. One company I worked for would pursue this with great zeal. I can't comment on Walmart but realistically, your daughter caused them to have to pull an LP guy off the monitors, go down to sign the affidavits, and then he/she has to show up in court and all that. 200.00 is barely going to cover their time and expenses. This is why they are allowed to seek the damages.

    And just so you know, just take all this as a suggestion. I am not up on the Florida laws. Just know that when it does come to court, don't be surprised to see your daughter on color video committing the act. I have seen more that one father/mother go agape when I pop in a DVD showing their kids committing criminal acts.
    Hope this helps you out.
  2. Narco1026.5
    02-12-2009 13:36
    Narco1026.5
    Its not the end of the world for the daughter. The letter is nothing more than something a merchant is allowed to go forward based on a state statute (the state statute may be cited in the letter). The law probably says something to the effect that a merchant may request up to $200, so regardless of the amount involved the merchant will ask for the whole $200 bucks. I would not pay the amount, especailly prior to court. She has not been found guilty of anything yet. It is not in the category of restituion, it is more akin to a civil penalty.

    Some suggestions: Call around, but attornies will likely start at $1k plus. Attend court with your daughter if possible. There is nothing that prohibits you and daughter from approaching the prosecutors office, show remorse, and ask if any alternative to a court hearing is possible. With a minor offense, it can be passed to files, held pending good behavior, etc. Consider some community service, to the girl scouts, an animal shelter, women's abuse center, etc.

    If all doesnt go well, at least ask the judge to consider formatting something to the effect that the court will consider an expungement request, later down the line, based on payment of fine, 6 months good behavior, etc.

    Good luck.

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