I got caught shoplifting couple weeks ago and received a civil demand letter later. It was my first time I only took 15$ worth of merchandise. The LP didn't call the police and also say that it won't be on my record nor will I receive a court date. They did took information about me (address, name , DOB, height, weight and nationality). I am going to pay the civil demand but using the payment plan. After I pay would I still need to be worry about police or court date? The LP did say nothing going to happen after he receive their merchandise back and the incident would only be on their data base.
Criminal Defense Attorney
I would still contact a criminal defense attorney who is local so that you can take the letter to them for a consultation on what you obligation is with respect to the civil deman letter.
If you do get a court date, then you need to hire a criminal defense attonrey who can respresent you and advise you based on the facts and surrounding cirucmstances of your case.
In the meantime, don't talk to anyone about your situation as what you say can be used against you. Good luck in court and hope this has been helpful.
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This is extremely common. If the police did not appear, there is no record an arrest. You have no arrest record, fingerprints, charges etc. A civil demand does not become due unless they actually file a suit and get a judgment. Many attorneys will advise their clients not to pay the demand.
DUI / DWI Attorney
Those demand letters are tricky. Many times, my clients receive these and they are written, supposedly, by a law firm that is not licensed to practice law in GA, where I practice. You can ignore the letter, but if you are served with a civil law suit, you may need an attorney to keep the store from getting a judgment against you. If the LP served you with a criminal trespass warning, make sure you keep out of that store.
I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money. This is information for educational purposes only, and no attorney-client privilege exists.
Criminal Defense Attorney
The civil demand has absolutely nothing to do with a criminal case. I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, (in some jurisdictions prove damages which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it. Take a look at an article in the Wall Street Journal at the link provided below.