Legal Question in Criminal Law in Florida

Florida statues section 772.11

I was caught and arrested for shoplifting at Sears. A lawyer firm is seeking payment for Sears about the incident that occured and insists I pay them a certain amount of money or they will take me to court. They received all of the products back and I put in jail and went to court and paid fines. The firm is sending meletter and increasing the price every ten days. Is this legal?


Asked on 4/16/08, 12:14 pm

1 Answer from Attorneys
Brandon Kolb Kolb, Cintron, & Associates

Re: Florida statues section 772.11

I never recommend paying these demand letters. If you were caught, and have a criminal case pending, any restitution will normally be dealt with inside the criminal case if you are found guilty or enter a plea.

That does not mean they do not have a basis for a civil case against you. It is theoritically possible that they may want to retrieve their cost in catching you and assisting in the prosecution against you; but again, the criminal courts will normally consider their damages as part of a plea agreement. If Sears recovers their damages through the criminal case, they'll have no case against you.

So, again, I would not recommend making any payment until you resolve your criminal case.

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Answered on 4/16/08, 12:59 pm


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