Legal Question in Criminal Law in New York

Civil penalty

My son who is 17 was caught shoplifting at our local mall. There was no police called and no report was filed with the police. I recevied a letter from a lawyer in Florida who said that I owe the store $350 for a civil penalty and if I don't pay, they will take me and my husband to court. The letter seemed bogus to me and I refused to pay.

Is this on the up and up? My son confessed that he did indeed get caught and that he thought it was the end of it. Can you give me any advice on this?


Asked on 4/15/07, 4:11 pm

3 Answers from Attorneys
Matthew Hogan Law Office of Matthew S. Hogan

Re: Civil penalty

The law does provide the civil remedy, this can imposed when someone is arrested or not. Most of the time they just send a demand letter and don't follow up on it.

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Answered on 4/15/07, 4:50 pm

Re: Civil penalty

It is on the up and up because there is a statute that allows for it. I once had a client get a letter from an attorney in Florida (could be the same firm). I told them to ignore it until they actually sued, which I don't think they ever did.

This response is informational only and does not constitute legal advise as there is no attorney-client relationship.

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Answered on 4/15/07, 5:29 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Civil penalty

The other two attorney's are correct, however, you are not liable for your son's actions so even if they did sue, you could defend.

Good Luck.

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Answered on 4/15/07, 6:36 pm


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