Legal Question in Criminal Law in Florida

My 14 yr old daughter was arrested last weekend for 2 counts of shoplifting. The first count was from 3 wks ago & when the store had her on tape taking a pair of earrings, the 2nd was over the weekend when her & a friend were leaving the store & was stopped by security, her friend had a bag with 2 dresses & a shirt, which were taken by the officer. I recently received a letter from the store stating that I owed the store $200 per count for damages within 30 days or they would pursue the matter through civil court (FL statute 772.11). I understand the statute, however the items in the 2nd count were recovered & was not damaged. Should I pay this total of $400 to the store, or is there a chance that I wouldn't have to pay as much in restitution if we go to court?


Asked on 3/31/11, 12:40 pm

1 Answer from Attorneys
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

The Florida Statute mentioned in the letter you received is completely separate from any restitution that may be ordered at the juvenile delinquency hearing. This is to say that your daughter may not be required to pay any restitution if she goes to court but that would not prevent the store from pursuing the civil case for damages. Because the store is unable to prove any actual damages they would be entitled to $200.00 plus attorneys fees and costs for each instance if they proceed with a civil case. That is a big IF. Most of these stores have a law firm retained for these purposes and they send out hundreds of the letters you received. However, they very rarely actually follow through with filing suit. It is not financially worth it to these companies to pay the filing fees in such a case without being sure they will be able to recover. Just because they will likely win does not mean they will ever be able to collect their money and getting a judgment without ever actually collecting on the majority of these cases is like throwing good money after bad.

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Answered on 3/31/11, 1:16 pm


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