Legal Question in Criminal Law in Texas
Hi I got caught shoplifting at Kroger under $25.............No police showed up they just took my info without a valid ID then Kroger sent a letter stating I owe them $300.........It has now been turned over to a collection agency. I'm a single mom with no income whatsoever.........Will they arrest me? Or will they file charges against me?
2 Answers from Attorneys
There are two separate issues here. One is the potential criminal case. It is possible that they will send you a citation in the mail directing you to appear in court. In the past, if you were not ticketed or arrested at the time you were caught then it meant no charges but it seems that more often now they are mailing citations because the police are too busy to come to the scene. So, I cannot say whether or not you will receive a citation in the mail. However, it is a Class C level offense - similar to a traffic ticket with much further reaching consequences. If you receive a citation, you will need to consult with a lawyer.
As for the demand letter, the law allows retailers to demand money from those they catch stealing whether or not they are prosecuted. If you do not pay the demand, then they would have to sue you in order to collect - something that they are not likely to do. Many lawyers advise clients to ignore such demand letters because nothing will ever come of the demand.
Theft in the amount of $25 is a class c misdemeanor. It is a fine only offense. Since you were not charged at the scene you may get a citation in the mail at a later date (presuming you gave them a correct address). If you do receive a citation make sure that you follow the instructions on it for setting up a court date and hire an attorney if you have the means.
As for the collection agency, they do have the right to attempt to collect the money. I generally advise people not to pay it when you have criminal charges looming out there, because payment is evidence that can be used against you in a criminal prosecution. However, if they wanted to they can sue you for the amount owed. If that happens follow the instructions in the papers served on you and hire an attorney if you have the means.
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