Hi just today my friend got caught shoplifting of 150$ at sears jersey city. And they have a taken a address phone number and a photo of her .. they haven't called the police and they said they will send a notice through their lawyer and asked her to pay the fine . So my question is will they give police complaint and will that fine notice will be a legal notice ? Does she has to go to court
She will most likely be getting a civil demand letter. She should ignore it and not return to the store. The civil demand has nothing to do with a potential criminal case and paying won't stop them from making a police report if they are already going to. Good news, however, they almost never report later. If they didn't call the police right away, the odds are they won't do it later.
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The store has one year in which to press criminal charges against you, but if they said they were not going to do it and just send you a civil demand your are very luck, especially with the amount that was taken as that is not what is normally done with such a high amount. If the store changes their mind and does press the complaint and she does get a criminal complaint served to her she must go to court and I suggest a lawyer as she will face up to 180 days in jail $1000 fine and a criminal records, so thus it is very serious.
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My crystal ball is broken. The notice will be a legal notice. If she gets a notice to appear she will have to go to court.
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The answers are maybe, possibly, who knows, and they can if they want. Hopefully they will do what they said and just ask for their demand amount. It is a private notice, not a criminal one.
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Read the AVVo archives on the debate whether to pay the "civil demand". Most say not to pay. But they can charge her for a year and might if she does not pay. But they can even if she pays and the payment can be seen as an admission.
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