Legal Question in Criminal Law in Washington

shoplifting

My son was caught shoplifting, he was stopped outside of the store and taken back in, the police were not called and no charges were filed. He returned the merchandise, it was worth maybe $15.00. The store said we would receive a letter in a few weeks. When I got the letter it said I owed them $125.00. I called and made payment arrangements with them. I paid $45.oo then they said they would call me and make arrangements for the rest when they received payment, they didn't call back for a month. When they called back they were rude and threatened to take me to court if i didn't pay by the first in full. I have paid this but I am now wondering if I legally had to pay this because no charges were filed on my son. Did I have to pay this money, and what is it supposed to be for?

Shelia


Asked on 4/10/06, 8:34 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: shoplifting

I'm glad you asked this question as there is a lot of confusion around this situation. There is two different types of "court" involved here. One is civil court, suing you for money, which is what the store is likely talking about. They sue for the cost of the merchandise and the cost of enforcing protection. This is the fee you paid them so they do no need to sue you.

You can also go to court for breaking the law. This is criminal court and is not controlled by the store once initiated. However, the fact that they did not call the police means they likely did not initiate criminal proceedings. If they had they would only be a witnesses and could not decide whether you have court or not.

The criminal aspect of this is still a possibility in your case, despite the fact that you paid their money, but is unlikely since they did not call the police.

If you have further questions contact me directly.

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Answered on 4/10/06, 9:46 pm


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