Shoplifting, Larceny, Robbery, Theft Accidental Shoplifting Question

[army judge]

To clarify, I know that in the current situation this won't go to court. I'm talking about possibly taking them to court over this.

Under what legal theory or premise do you propose you could take THEM to court?

In what court do you propose pursuing "taking them to court"?

Who or what do you mean by THEM?

What wrong(s) have you suffered?

What damages have been inflicted upon you, and by whom?

What are your losses, as in monetary damages you've suffered?

What do you expect the court to do, if you prosecute a lawsuit against "THEM"?

 

[mightymoose]

You don't have good cause to initiate any action on then over this. They make dumb mistakes too... It wouldn't get anywhere.

In the unlikely event you go to court over this it would be many months from now, long after many attempts to bully you into paying their demand. You would have an up front cost to pay the attorney, but a decision in your favor could result in an order for them to pay your fees. In the event you were convicted (which simply can't happen based on the info given) you could be ordered to pay their fees.

What criminal defense attorney to choose is up to you. Meet with a few and get a free initial consultation. Ask them about costs. Costs will be minimal if the matter never reaches a court room, which is most likely. Ask about options to have your accusers pay your fees if you prevail.

One last note, keep in mind that criminal charges can be initiated up to one year from the date of the incident. After that date passes you are in the clear.

I suggest you do not reply to any correspondence you receive demanding money. Take the letter to an attorney fot advice. Any contact with you will only encourage them to badger you more and bully you into paying them rather than exercising your right to defend yourself in court.

 

[shrinkmaster]

I agree since you have not been charged there is nothing more to do except decide if you wish to pay Civil Demand. Its your call you have been given opinions and info what you do now is up to you/ Pay civil Demand and put this behind you or not pay and wait to see if store takes it further

 

[Highwayman]

If you were charged, in all likelihood your attorney's fees would far exceed the amount of the civil demand.

 

[mightymoose]

If you were charged, in all likelihood your attorney's fees would far exceed the amount of the civil demand.

Only if it actually goes to court, which is unlikely. Defendants too can be awarded costs and attorney fees if they prevail.

The argument of potential higher fees if the matter is taken to court is a typical scare tactic to bully people into paying money rather than exercise their right to defend themselves. This matter seems the type that would likely qualify for a defendant award of fees.

An attorney could discuss all these issues if you should ever seek counsel.

 

[Kia13]

You are lucky they dint called the police Im also one victim accidental shoplifting i am going throught the worst . I was shopping in one clothing store ****lo with my parents and my new born 7 months old boy i had My baby stroller with me . My parents eere here in hongkong to visit thier first grandson i was busy taking my parents to see around shopping and also with the new baby .while shopping they donot have a mesh bad they had a basket so i used my baby stroller as a shopping cart (gretest mistake ) well i was helping my mum dad to select the clothes ans with the sizes my baby was acting up crying may be beacause of store light and climax of the story is i went to cashier i was paying i paid for almost 13 clothes and my dad handed me
One more which my mother liked and asked me to do fast as baby was nagging then after payong i was one step
Outside the store door fixing the stroller and shopping bags the civil dress a man looking lady shouted and asked me to come back i thought the cashier left the censor i side which they do it most of the time where they just say sorry and we easily say its ok with the smile but to
Me they were not that nice as i am
Always with all the cashier and staffs they pointed under my baby stroller and yes i forgot to pay for 2 night pajamas whoch had square hard pacakaging so i had kept then under the baby stroller basket i said sorry for forgetting and offered to pay but no mercy they took me to the staff room where they only spoke chinese cantonese and inkepet saying i genuinely forgot to pay they dint let my baby come inside neither my parents they were shocked then they called the police i had to go to
Police station they search me then i had to call my husband i came out on bail then they ask me to come back for my statement but still they dont have interpreter so im still waiting till they have the interpreter .. since they have gone through cctv they should have understood i was not a thief the censor proice tag eth was on the clothes who leaves the store with the censor and price tag with the intention to steal when there are cctv alarm
Everywhere ? Moreover how on earth one can think of stealing when someone is with parents and a 7 months old ?? I feel so embarrased and abused if gov can make laws for stores to prevent loss then we also need laws for these accidental cases when cashiers rings up the wrong items wen they forgets the censor on clothes and alarm beats we have to face the embarassement they sometime gives the wrong change they say sorry we say thankyou its allright.. but no mercy wen it comes to loyal people like us .. anyways i believe on you Accidental mistakes can happened . Hope the world will get better . I dont know how long i need to follow up carrying my baby for this stupid mistake

 

[shrinkmaster]

Accidental shoplifting is rare and based on many factors they go with evidence. You are free to fight charge.