Legal Question in Criminal Law in New York

NY CLS General Obligation law

My daughters (sound familiar?) friend stole $28.00 worth of make up. She was caught in the store and paid for the merchandise. Walmart security people insisted on a written apology. Now one month later she recieved a letter quoting para #6 from that law. They want her to pay $75.00 or they say she will be prosecuted. Can they do that - they lost nothing and were paid for the merchandise - she's a minor. I dont condone theft of any sort. Help!


Asked on 5/19/08, 7:48 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: NY CLS General Obligation law

WHile any person that is wronged has a right to file criminal charges, they may forego that right contractually.. if youre being asked for $76.00 in exchange for contract agreeing not to file any charges, probably the fees are to pay for processing fees of some sort, then i would pay the fees and get in writing that they will not prosecute... it is MUCH better to pay $76 than to spend a day in jail or have to pay a defense attorney to defend her on criminal charges...

MUCH LUCK!

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Answered on 5/19/08, 8:34 pm


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