What happens if I don't pay a $300 civil demand for Shoplifting?

Asked over 4 years ago - New Bedford, MA

i'm 18 years old i got caught shoplifting at a walmart with a $7 pack of lightbulbs and they sent me a civil demand for $300. i really can't afford to pay it, so i don't know what will happen if i don't pay, or if there are any ways out of paying it. the guy who caught me said that if i didn't pay it there would be a warrant out for my arrest. if i did get arrested how long would i have to spend in jail? please answer soon and email me with an answer at JDMxStyles@yahoo.com. thank you

Attorney answers (1)

  1. Dominic L. Pang

    Contributor Level 17

    Answered . Failing to pay the CIVIL demand for $300 will not necessarily result in any criminal charges being filed. Conversely, paying the $300 will not guarantee that no criminal charges will be filed. If you fail to pay, there will NOT be a warrant out for your arrest: if Wal-Mart decides to seek criminal charges against you, it will first file an application for criminal complaint with the local district court, and the clerk will schedule a clerk's hearing to decide if a criminal complaint should issue against you. You will receive a summons in the mail to appear at the clerk's hearing. This summons is not an arrest warrant. If the complaint is issued, an arraignment will be scheduled, and you will receive a summons to appear for the arraignment. If you fail to appear at the arraignment, a warrant will issue.

    A conviction for first offense shoplifting does not carry the possibility of jail time, and the maximum penalty for a conviction is a $250 fine. If you have no prior record, most prosecutors will dismiss the matter at arraignment upon a fine of $100-$200. However, you should try to have this matter disposed of at the clerk's hearing, because if you are arraigned, the shoplifting charge will appear on your record, even if it is dismissed the same day. If the matter is resolved at the clerk's hearing, no complaint will issue, you will never be arraigned, and the matter will not appear on your criminal record. Do not blow off the clerk's hearing because it is your first and best chance to resolve this case with the least amount of damage.

    Best of luck,

    Dominic Pang (617) 538-1127

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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