shoplifting / petty larceny question ?
Question:
A few weeks ago me and and friend went to Kohl's located in Lynchburg, Virginia and got caught shoplifting. As I left the store and got to my car, loss prevention approached me and asked me if I could give them a shirt that my friend had stolen out of the front seat. He then asked me if I had stolen anything, and I told him no. To verify, he told me I had to let him go through my purse to make sure I didn't take anything. When I walked into the office my friend was sitting in a chair with the stuff she took on a table beside her, and then they asked me to open my purse to make sure I didn't take anything. Unfortunately, they saw a bra inside of my purse and then took my purse and found two bras and a dress. They told us both that they weren't going to call the police and that they would send us both a letter through the mail with further action. I just received the letter today, and it states that I have to pay $225 to Kohl's within thirty days or civil action will be taken. My record is completely clean, and I'm eighteen years old. My friend, on the other hand, is twenty one and has already been in jail for shoplifting along with several other charges. I know that shoplifting is illegal and I understand what I did was wrong, but would it be better for me to pay Kohl's $225 or not pay it and then go to court ? I took two bra's and a dress, which totaled around sixty dollars and did not get to keep any of the items. Although it was unfair to the store that I stole from them, I also think it's unfair that I have to pay corporate $225 without getting to keep the items. I don't have the money to pay it right now, and it says on the letter that i have 30 days to send them the payment. The letter is dated October 28th, so there is no way i can come up with $225 in that amount of time. The girl I was with is no longer my friend, but would I be wrong to expect her to pay at least half of mine because she was the one who got caught in the first place ? Everyone has different opinions about this, so please let me know what to expect or what I should do about this situation. Thanks !
Answer:
I am an attorney and I know a lot about this subject. Do not take this as creating an attorney-client relationship. You may, however, find it helpful.
What you are up against is a “civil penalty” statute. I looked up the Virginia statute online. Code of Virginia Section 8.01-44.4, “Action for shoplifting and employee theft”, provides, in relevant part:.
“A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.
. . . . .
“C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.”
Based on this statute, they do seem to be overcharging you. If the value of the goods you attempted to steal was only $60, the statute says that the maximum penalty is two times that amount, or $120. Perhaps they justify the extra amount by thinking that it is part of attorney fees. However, from your description it sounds like the letter comes from the store, not an attorney, and in any event the most they can get for attorney fees and court costs is $150.
What you might try doing is writing them back, quoting the statute, and offering to pay the $120.
I advise being polite when you write the letter. If you anger someone it is possible that the store could change tactics and try to bring criminal charges against you. Not likely, but possible.
As to getting contribution from your former friend, I would not even ask. Perhaps she was the more clumsy thief, but you were both involved in criminal conduct together, dear, and you have to accept negative consequences from your behavior.
Looking back at what happened to you, your big mistake - besides trying to shoplift to begin with - was consenting to the search of your purse. On the facts you have stated it sounds like the store did not have what is called “probable cause” to detain you or charge you for anything they saw you do. You were probably under suspicion - correctly as it turned out - because you were in the company of a shoplifter. If you had refused to go back into the office the store detective might have let you walk away. If you had refused to allow the search and the store had forced the issue, the search might be considered illegal. However, since you consented to the search that probably made the search legal. So, basically you placed yourself into their hands.
I of course advise you never to shoplift again. As it is, you are a lucky young lady and getting off lightly. Next time you might find yourself in handcuffs and being held for the police.
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