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AttorneyTom
AttorneyTom, Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 9176
Experiencia:  Abogado
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this is my situation, my daughter out of khols Walked With

Pregunta del cliente

this is my situation, my daughter out of khols Walked With A pair of shorts, not in her purse, around her arm, she forgot to pay, so khols charged her with theft, now i got a attorney and I got the charges dismissed per deferred prosecution, the court fine paid for her and the attorney. Now That the situation is finally over, i keep getting letters from a attorney These Representing khols (out Of New York) and I wants 170 dollars in civil penalties? recourse to what i have to fight This or delay it, i dont have the cash to hire another attorney for this civil penalty.    I DONT HAVE ANY IDEA WHY THIS IS COMMING UP UNDER SPANISH LAW? THIS IS FOR ARIZONA, THANKS
Enviada: hace 5 año.
Categoría: USA Ley en Español
Experto:  AttorneyTom escribió hace 5 año.
Hello! I'm T-USA and I'll be happy to answer your question. I'm not sure how it got placed in the Spanish law section of JustAnswer. However, I am perfectly capable of answering your question in English.

When an individual is caught shoplifting, a business will often follow-up with a civil demand. Basically, the law authorizes retailers who are victims of shoplifting to recover a monetary amount from the alleged shoplifter. This is separate from any criminal charge and paying a civil demand should not affect any criminal proceedings, nor will it prevent them from taking place. If an individual fails or refuses to pay a civil demand, the company's recourse is to sue that person to recover the sum.

Please use the Reply let me know if you have any other questions using the Reply feature!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept. If you are a subscription customer, clicking Accept will not cost you anything additional.

Thank you again for coming to JustAnswer!
Cliente: escribió hace 5 año.
the thing is , when we got an atttorney for that he got the charges dismissed through the court, she pleaded not guilty and said it was an accident and there was no intent, so the prosecutor agreed to it and the charges were officially dismissed, so my question is, if the charges were dismissed and found not guilty, then why are we liable in a civil case when the charges were dismissed?
Experto:  AttorneyTom escribió hace 5 año.
Thank you for your reply!

The civil matter is totally different from the criminal one.

Basically, with criminal charges, the burden the state must meet is relatively high to obtain a conviction. However, with a civil suit, the burden the plaintiff must meet is relatively low. Therefore, the fact that the state has dropped a charge does not affect a civil suit because the civil suit doesn't require the plaintiff to prove nearly as much as the criminal charge would require the state to prove. Instead, they're too totally different matters, though they do have a related issue at their foundations.
If the company wishes to collect the civil demand and you don't voluntarily pay, they'd have to sue you to get it. You could then attempt to defend against the suit. Many companies don't aggressively pursue such matters as they aren't worth that much. However, a company does have the option if it wishes to do so.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use the Reply let me know if you have any other questions!

Thank you again for coming to JustAnswer!
AttorneyTom y otros otros especialistas en USA Ley en Español están preparados para ayudarle
Cliente: escribió hace 5 año.
i accepted your answer, thanks, just real quick, if i need to defend, what angle should i take?
Experto:  AttorneyTom escribió hace 5 año.
Thank you for clicking accept and thank you for your message!

Unfortunately, developing a defense is a long, detailed process. Even if that question could be answered here, it would be far from quick and it would require a look at all of the relevant details of the matter to determine what, if any, legal defenses might be available to you. However, the truth is that such a determination is well beyond the scope of what can reasonably and responsibly be done here. Instead, that's something your personal attorney will do for you when you hire him/her.