Legal Question in Criminal Law in Florida

I was arrested for petty theft at Walmart. I have since been sentenced by the courts to take a petty theft course to have the case dismissed off my record upon completion. I have been receiving letters from an attorney representing Walmart asking for a civil remedy in the amount of $475. My question is do i have to pay this? and why? The amount began at $200 and is now $475 in less than 30 days. Is this legal? Thank you.


Asked on 3/17/13, 11:27 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

The $200 or $475 is legal. The main thing to know is that this "civil demand letter" has NOTHING to do with your criminal case. You can do everything required of your criminal case, even if the criminal case is dismissed, and they can still request that. As far as paying, I can't advise you, but I can tell you there are two schools of thought among Florida criminal defense lawyers. Call and negotiate a settlement (many companies will do this) or do nothing. If you choose to do nothing, there are many companies that won't pursue it, despite repeated threats to do so. A few (and I believe Walmart is one of them) will actually file a suit against you. Since the amount is higher than the statutory minimum of $200, they have either already proceeded or the "loss" of the items taken amounts to about $158 or so, since they are entitled to treble damages (aka triple damages). It's not a bad idea to talk to an attorney about this in person to see what may be preferable.

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Answered on 3/17/13, 11:56 am


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