I was recently charged for shoplifting incident under 50 $ at one of the retail store. Police were called and I was given citation. I went to the court and am currently in deferred adjudication. The civil demand letter from attorney representing retail store is asking for claims of $250 for damages. What should I do? If I don't pay , what could be the consequences? My concern is if I don't pay, my deferred adjudication letter says " any citations or warrants issued against defendant during the deferral period shall constitute A violation of this agreement". If at all they sue me, would it mean a citation will be given to me and if that happens in the deferred time period , I might violate the deferred adjudication conditions and can be recorded as convicted? Anyhelp is highly appreciated
Contracts / Agreements Lawyer
If u search other answers here on avvo, youll find tons of the same answer. You did perfectly. Complete deferred adjudication successfully (dont get in trouble). Judge will dismiss case. Get an attorney experienced with expunging records and itll all be erased. You can ignore civil demand. They COULD sue you for it but probably wont...and regardless it has NOTHING to do with the criminal aspect.
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The two tenets of any probation: follow the rules and obey the law. Specifically: follow the rules of probation department and obey the laws of the State of Texas. Your probation agreement is referring to citation in the context of "criminal" cases, not "civil" cases. Although the court can issue citation in a civil suit to serve someone with notice of being sued, this is not the same thing as a citation in criminal court. Stay out of trouble and complete your probation satisfactorily and you will be fine.
The demand letter that you have been sent is a civil demand letter. A civil demand letter is not a citation or warrant. Failure to pay according to a civil demand letter means that you may be sued for the amount demanded. However, that is a civil matter, not a criminal one. The citations or warrants listed in your deferred agreement likely relates to criminal or traffic citations or warrants. If you are concerned about your responsibilities regarding the civil demand letter, you should consult an attorney in your area who frequently represents clients in shoplifting cases.
Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.