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Do I need to pay this fine/charge from Wal-Mart?

Hialeah, FL |

Me and two friends(all under the age of 18) were recently caught stealing from Wal-Mart. We all stole items, the amount I stole added up to almost $35, but the employees at Wal-Mart split my items amongst my friends who also stole. My amount ended up being $24.91, which means I didn't/shouldn't have gotten charged for anything as the limit is $25. None of us were taken into police custody, and all we had to sign was a paper agreeing not to step foot into this Wal-Mart that we stole from. Today, I got a civil demand in the mail stating I had to pay a fine of $250. Do I really need to pay the fine? None of us went over the limit of $25, and neither of my friends have gotten this letter but me.

Also want to know that since I'm receiving this fine, does it go on my record even if I'm under 18, and can it be traced back to me and be seen by my employers and even possible schools and universities.

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Attorney answers 5

Posted

To get the penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S. 772.11 - http://www.flsenate.gov/Laws/Statutes/2012/772.11 ) authorizes them to seek a minimum of $200 in damages, but to do that they have to file a civil lawsuit, which will cost them hundreds and maybe more. Their letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and may never be filed.

That said, whether or not you pay is a personal, and a non-criminal defense attorney related, question

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Asker

Posted

If I pay the $200 fine, can it this be traced back to me via a background check? Like will potential employers and schools see this? I'm not law-savy at all, I just want to make sure that this little theft issue doesn't show up on my record now, or after I'm 18. I d

Michael Adam Haber

Michael Adam Haber

Posted

The criminal component will, not the civil demand (unless the file a lawsuit which possible but not probable). Btw, you might want to delete your question. You've made certain statements which could be considered admissions. Anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.)

Posted

I agree with Mr. Haber. This is a civil penalty, not a criminal penalty.

Michael Adam Haber

Michael Adam Haber

Posted

Tyvm!

Posted

The general consensus is to not bother with paying the fine. It would cost Wal-Mart a lot more money to file a law suit against you then the $250.00 they would collect from you. As Mr. Haber point out, they would need to show that they were injured by the theft, which would generally be proven by damage or loss of the merchandise that was taken. Good luck and stay out of trouble!

Asker

Posted

If I pay the $200 fine, can it this be traced back to me via a background check? Like will potential employers and schools see this? I'm not law-savy at all, I just want to make sure that this little theft issue doesn't show up on my record now, or after I'm 18.

Miguel Amador

Miguel Amador

Posted

Whether you pay it or not, there is nothing on your record regarding the civil demand because Wal-Mart would have to file a civil suit against you to collect the $200 fine and it would cost a lot more than $200 to pay a lawyer to go after you.

Posted

So, you think you can steal without punishment or consequences? Think again. There is no "limit" or safe Harbor on stealing or theft.

The $25 limit you are referring to maybe a store imposed limit. It may not even be a company policy, maybe just the policy of this particular Walmart store.

But by stealing, you are exposing yourself to being arrested, taken to jail, having to bond out, then being exposed to a criminal record that will last the rest of your life. You are also exposed to jail time and fines plus court cost that amount to a lot more than $250. Your picture maybe posted on all of the Internet arrest websites for everyone to see, if you were taken in. And worse yet, you may go "viral", and your picture may be posted all over Facebook and other websites for your friends to see.

When it's time to get a good job, you may be denied that opportunity because of the criminal arrest, even if you were not convicted. Think about all this before just casually "stealing".

I've represented people on theft charges for stealing items worth $.99 and $3.99! So do not think that stealing is a good idea. It is a crime and it is penalized heavily by many stores and by most prosecutors and judges around the state.

Compare Macy's for example, they have no mercy and will prosecute to the fullest extent of the law on any amount. In most Florida counties, the sheriffs office has a zero tolerance policy, and will not PTA you or release you on site, you will be arrested and have to go to jail, then post bond to get out. Later you will have to face the judge.

Be very careful and think twice before you steal - any amount - because you are exposing yourself to penalties that may hurt you a lot in the long run. Albert Quirantes, Esq. www.criminaldefendant.com

The information provided is not legal advice. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal question should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.

Christopher Robert Dillingham II

Christopher Robert Dillingham II

Posted

I've personally arrested people for stealing items valued under a dollar as a police officer. Generally, such low-value thefts resulted in a Notice To Appear unless the defendant was a total jerk or uncooperative, but the State Attorney's Offices in Orange, Seminole & Volusia County loved retail theft because they were usually easy wins.

Asker

Posted

If I pay the $200 fine, can it this be traced back to me via a background check? Like will potential employers and schools see this? I'm not law-savy at all, I just want to make sure that this little theft issue doesn't show up on my record now, or after I'm 18.

Alberto Marino Quirantes Jr.

Alberto Marino Quirantes Jr.

Posted

Well you have just added additional facts. As a juvenile, you are not subject to be taken to jail. However, the police can arrest you and call your parents to pick you up at the juvenile holding facility. now, you're asking about the $200 letter, and are referring to it as a fine. It is not a fine, and you're not obligated to pay it. It is a civil matter. It is a law firm that is hired by the store to collect $200 without having to sue you. That should not produce a record of any kind, unless they ever file a lawsuit against you. As previously stated by me and other attorneys on the site, they are unlikely to file any kind of a lawsuit to collect the $200 against you, because it would be costly and prohibitive for them to do so. The bottom line is, the only people who pay that, pay it either because they have no attorney or they are just feeling guilty and scared. You have learned your lesson I hope. there was no criminal record generated out of this incident, and the letter that is being sent to you is not a fine, but a fishing expedition to see if you bite and pay them the $200. The rest is up to you., Good luck in your future.

Posted

Let me state this much to you:

You committed theft. If WalMart had prosecuted you--and it still can--then you would be paying a whole lot more in attorneys fees. If a jury were to convict you of this crime, then you would have to pay fines, court costs, and probably restitution coupled with community service as well as probably attending an impulse control or shop lifting course. That costs a lot more than what WalMart is asking.

Frankly, I charge approximately $2000 to handle similar misdemeanors, and there is no guarantee of success in any legal controversy. You could pay an attorney a significant amount of money, a jury could convict you, and you would still face all the costly penalties that I mentioned before.

No, you don't "have to pay" this demand, but you may invite a lot more trouble if you don't.

Asker

Posted

If I pay the $200 fine, can it this be traced back to me via a background check? Like will potential employers and schools see this? I'm not law-savy at all, I just want to make sure that this little theft issue doesn't show up on my record now, or after I'm 18.

Christopher Robert Dillingham II

Christopher Robert Dillingham II

Posted

I don't know. Typically not, but WalMart will know about it, so you'll likely never get employment with them or any of their companies if they check their own records. Background checks typically concern criminal histories (arrests) and finacial issues, so if WalMart put you into collections, then maybe. However, your stance that this is a "little theft issue" is what got you into this mess in the first place. Theft of any amount is a crime of moral turpitude, and if a jury convicts you of it, then you may find yourself barred from certain employment. Additionally, WalMart can still prosecute you whether you pay them or not. You are stuck between a rock and a hard place: If you pay the demand, then WalMart can still prosecute you and maybe use the fact that you paid as an admission of guilt. I'd argue not, since it is a negotiation, but a judge could disagree and allow it in. If you don't pay, then WalMart could decide to prosecute you to send a message to other shoplifters.