Legal Question in Criminal Law in Florida

Re: petty theft charge damages procedure

What you have received is a Civil theft for damages request/demand which has nothing to do with the criminal prosecution. The department store simply is attempting to get you to pay a monetary damages amount. The payment of which will have nothing to do with your criminal proscution. Contact a local criminal defense attorney as there likely is much that can be done to further your attempt at achieving a clear record. Good luck.

Re: petty theft charge damages procedure

Every petit theft client whom I have represented, has received that demand letter. I have told each to ignore it, and the worse that has happened is that they get another letter. No civil lawsuit has ever been filed over a theft in which the property was recovered, against any of my clients.. Sure, the statute allows them to collect statutory damages (the amount they are threatening you with) and the statutes allow legal fees. But will they bother spending 1K to chase down 200.00? Doubtful. And their civil lawsuit or threatening of one, has no bearing on the criminal charge, nor any potential sealing or expungement for you. My advice is ignore the letter, and investigate whether you are elibile to seal or exounge the criminal matter, if you have already concluded it.

Re: petty theft charge damages procedure

What you need is a written settlement agreement which contains a clause for full and final relief. Since you have already been prosecuted, and that case is closed, there is not as much leverage they can hold over you.

You may be entitled to have your case sealed, and later expunged. The department store has no say in that procedure.

Please feel free to give me a call if you have any questions or would like to discuss sealing your case.