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My daughter got caught shop lifting in Macys.We paid a ...
Sent to Legal Experts October 21 11:38 AM

My daughter got caught shop lifting in Macys.We paid a 500.00 resitution.She got caught with 201.00 of costume jewelery.Went to the third prct and released to my care.She is only 15 years old and her frist and last time getting in to any trouble.She has good grades and a good kid.We have a Nov 2 family court date.What could happen to her.She was told it was easy.Do I need a Lawyer and can I get my money back.I was under the assumption if I paid the resitution she wouldn't have to go to court the police officer was a little confused why she had to go to the prct.

 

Optional Information:
Bayshore, New York

Already Tried:
lawyer in the family from maine.

Customer (name blocked for privacy)
Answer
October 21 12:00 PM (22 minutes and 20 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy)

What was paid to the store is considered a civil penalty - now she must have a hearing on the criminal aspect - with first time offenders it is generally a fine imposed up to $200 or $250 and possibly a probation period and of course a no contact order - which means she is barred from the store for a certain amount of time.

If you had not paid the civil penalty Macy's could file a lawsuit in civil court for the amount (if she were found guilty in the criminal charge) - but since you agreed to pay the penalty no civil suit will be filed. This is a confusing aspect - because if you pay the civil penalty then that is, in essence, an admission of guilt - therefore, that can be used against a person who would want to plead not guilty in a criminal charge wherein it can be stated that they paid the civil penalty - therefore hard to say Not Guilty.

If she were going to fight the charge, then the civil penalty should not have been paid - the criminal charge would have had to be adjudicated before Macy's could file a lawsuit.

 

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