Shoplifting, Larceny, Robbery, Theft Pls answer

Status
Not open for further replies.

Abby33

New Member
I was stopped before leaving a walmart store for stealing the police were called when I explained that I was shopping forever 4 hours and forgot that still had the merchandise but that I never left the store the police refused to arrest me.I went out of town and returned yesterday there was a letter waiting asking for a 200 dollar civil settlement. My question if I pay this is it admitting guilt and is therea guarantee that they won't continue further action. Pls help thanks
 
FL Civil Demand laws reads:

West's Florida Statutes Annotated
Title XLV. Torts (Chapters 766-774) (Refs & Annos)
Chapter 772. Civil Remedies for Criminal Practices

West's F.S.A. § 772.104
772.104. Civil cause of action
Effective: October 1, 2006

Currentness:

(1) Any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 shall have a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts.

(2) As an alternative to recovery under subsection (1), any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 due to sex trafficking or human trafficking shall have a cause of action for threefold the amount gained from the sex trafficking or human trafficking and in any such action is entitled to minimum damages in the amount of $200 and reasonable attorney's fees and court costs in the trial and appellate courts.

(3) In no event shall punitive damages be awarded under this section. The defendant shall be entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim which was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover attorney's fees or costs provided under other provisions of law.

Credits

Laws 1986, c. 86-277, § 3. Amended by Laws 1997, c. 97-102, § 1180, eff. July 1, 1997; Laws 2006, c. 2006-168, § 3, eff. Oct. 1, 2006.

Notes of Decisions (64)
Current with chapters in effect from the 2011 First Regular Session of the Twenty-Second Legislature through June 27, 2011




West's Florida Statutes Annotated
Title XLV. Torts (Chapters 766-774) (Refs & Annos)
Chapter 772. Civil Remedies for Criminal Practices

West's F.S.A. § 772.11
772.11. Civil remedy for theft or exploitation
Effective: April 29, 2002

Currentness:

(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney's fees or costs provided under any other law.

(2) For purposes of a cause of action arising under this section, the term "property" does not include the rights of a patient or a resident or a claim for a violation of such rights.

(3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.

(4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person.

(5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.

Credits

Laws 1986, c. 86-277, § 3; Laws 1988, c. 88-381, § 47; Laws 1989, c. 89-303, § 5. Amended by Laws 1997, c. 97-102, § 1181, eff. July 1, 1997; Laws 2002, c. 2002-195, § 2, eff. April 29, 2002.

Notes of Decisions (143)
Current with chapters in effect from the 2011 First Regular Session of the Twenty-Second Legislature through June 27, 2011




West's Florida Statutes Annotated
Title XLV. Torts (Chapters 766-774) (Refs & Annos)
Chapter 772. Civil Remedies for Criminal Practices

West's F.S.A. § 772.15
772.15. Admissibility of not guilty verdict

Currentness:


A verdict or adjudication of not guilty rendered in favor of the defendant or in favor of any other person whose conduct forms the basis for a claim under this chapter shall be admissible in evidence, but shall not act as an estoppel against the plaintiff.

Credits

Laws 1986, c. 86-277, § 3.
Current with chapters in effect from the 2011 First Regular Session of the Twenty-Second Legislature through June 27, 2011




West's Florida Statutes Annotated
Title XLV. Torts (Chapters 766-774) (Refs & Annos)
Chapter 772. Civil Remedies for Criminal Practices

West's F.S.A. § 772.17
772.17. Limitation of actions

Currentness:

Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought or intervened in by the state or by the United States to punish, prevent, or restrain any criminal activity or criminal conduct which forms the basis for a civil action under this chapter, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.

Credits

Laws 1986, c. 86-277, § 3.

Notes of Decisions (7)
Current with chapters in effect from the 2011 First Regular Session of the Twenty-Second Legislature through June 27, 2011




West's Florida Statutes Annotated
Title XLV. Torts (Chapters 766-774) (Refs & Annos)
Chapter 772. Civil Remedies for Criminal Practices

West's F.S.A. § 772.18
772.18. Cumulative remedy

Currentness:

The application of one civil remedy under this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this act are supplemental, and not mutually exclusive.

Credits

Laws 1986, c. 86-277, § 3.

Current with chapters in effect from the 2011 First Regular Session of the Twenty-Second Legislature through June 27, 2011



West's Florida Statutes Annotated
Title XLV. Torts (Chapters 766-774) (Refs & Annos)
Chapter 772. Civil Remedies for Criminal Practices

West's F.S.A. § 772.19
772.19. Exemption

Currentness:

No damages shall be recoverable under this chapter against the state or its agencies, instrumentalities, subdivisions, or municipalities.

Credits

Laws 1986, c. 86-277, § 3.

Notes of Decisions (1)
Current with chapters in effect from the 2011 First Regular Session of the Twenty-Second Legislature through June 27, 2011
 
No as the law does not address leaving store store policy often does. Once pass last point of sale its theft
 
Status
Not open for further replies.
Back
Top