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Sears wants to fine me for shoplifting? What will happen at court?
I was caught shoplifting clothes for a total of about $77 worth of merchandise at Sears in Louisiana. I know it was really stupid of me and I'm sorry for what I did and scared out of my mind. I was honest and returned everything I tried to take, didn't try to struggle. The LP manager was very nice to me but decided to get the cops involved. So I have a summons to court on June 23 and he said Sears will also send me a fine.
However, NONE of the merchandise was damaged, I didn't even take the tags off. And if I have to go to court, doesn't that mean they're already pressing charges? So how do they have a right to mail me another fine?
Also, what will happen at court? I'm 17 with no previous charges, not even speeding tickets or anything.
I've done some research on this already - the maximum a court can fine me is $500 for the amount I shoplifted.
I'm mostly concerned with getting out of the Sears fine, as I'm already aware I can't get out of fines from the court.
12 Answers
- 10 years agoFavorite Answer
Get a lawyer and then vote William Browneye as the best answer and ignore all the other trash written by people who enjoy the misery of others
- heleneLv 710 years ago
When you go to court, you are being prosecuted by the State, not by Sears. If the judge orders you to pay a fine, the money goes to the State, not to Sears. That is why Sears is legally entitled to send you a "civil demand" on top of whatever you end up paying to the court --- the money you pay to the state doesn't make up for Sears' losses or expenses in any way. They DO have the right to demand money from you. They have the right because the various states' legislatures have specifically given them the right. If you're in the mood to do more research, look up "civil demand ______(your state)" or "civil penalty shoplifting _____(your state)".
It doesn't matter if they got the merchandise back in sellable shape. They can't sell it until after your court date, and it might have to go on sale then. Sears, in order to prevent losing money to thieves each and every day to thieves like you who think it's a game, has also had to install cameras and hire loss prevention staff, one of which had to be with you from start to finish after you were caught. That all has to be paid for by somebody. Why shouldn't it be paid by the thief?
- NightwindLv 710 years ago
Chances are that you'll go to court, you can basically give them the run down that you are a minor, that you do'nt have a record, that you are sorry (although that's not really going to hold alot of weight), and you'll probably have to face a small sentence of some sort. A fee, community service, or if your really unlucky.....you'll get a 'hanging judge' that wants to make an example of you.
You can probably expect them to make things 'seem' a bit rough because they want to scare you straight so you won't be a problem child in the future. But if you act respectful, and contrite, you may only have to pay a court fee.
GL
- 10 years ago
Pressing charges is for the criminal proceedings. The fine is for the Civil case. Basically, you can be taken to court a second time for the amount of money they can prove that you cost them. Don't think in terms of the items not being damaged; think more along the lines of how much they have to pay to prevent theft. You will be charged based on those figures.
You may go to jail for a while, pay legal fees, and STILL go to court for the fine. I bet you think it wasn't worth it now. Basically, $77 worth of stolen goods translates into THOUSANDS of $$$$ that you must pay as well as possible jail time.
Source(s): William is completely wrong. well except for the lawyer part. You need one. - How do you think about the answers? You can sign in to vote the answer.
- Anonymous10 years ago
in LA 17 is the "adult" age.... hell, sears fining you is the LEAST of your problems...
You will probably be getting a HUGE fine from the state. Probably around 1000 dollars, no im not kidding. Possibly some jail time since he is pressing charges, again im not kidding...
Louisiana is one of the strictest states when it comes to shoplifters.
EDIT: Your right. since it was under 200$ they cannot fine you 1000$. But the jail time is still a probability since it sounds like sears is pressing charges
- JanLv 710 years ago
Two separate issues.
Sears is pressing criminal charges against you where you will be sentenced.
They are also filing civil charges against you for which they will impose a separate fine. They are filing these charges for their expenses involved with your crime.
- Anonymous10 years ago
you will get a court fine and probaly comunity service. and i believe the fine wont be that much
- Anonymous10 years ago
...Sears does NOT have the Legal authority to fine you for anything ! ...only the Court can issue fines !
Talk to a Lawyer !
- Anonymous10 years ago
You should go to jail for several months.