Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My daughter was in the store and left with someone who shoplifted.

She didn't shoplift but was...
My daughter was in the store and left with someone who shoplifted. She didn't shoplift but was stopped along with her friend. She was asked for her I.D., which she gave to them. They searched her purse and found nothing. She was then asked to leave. Her friend was arrested for shoplifting. My daughter went to the police station to pick her up.

She has now received a letter from the store asking for $300. She didn't steal anything. She was not arrested. Why would she have to pay the store $300?

Carol
Elmhurst, IL
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 hours by:
7/4/2013
MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
Verified
Hello. I'm sorry to hear that this happened.

Under Illinois law merchants who have been victimized by retail theft are entitled to sue the perpetrator in civil court. If the offender is a minor, the parents are civilly liable.

Under the retail theft statute, Article 16-A, merchants are allowed to detain someone they suspect of shoplifting and request identification. They are also allowed to recover civil damages under 16-A7 from anyone who commits the offense of retail theft as defined under the statute. They may recover the following: (i) Actual damages equal to the full retail value of the merchandise; (ii) An amount not less than $100 nor more than $1,000; plus (iii) Attorney’s fees and court costs.

Merchants, most often retail chains, contract with an attorney or a law firm to send out form demand letters to everyone the store catches shoplifting. It doesn't matter if the alleged shoplifter was never arrested or charged, or even found not guilty after trial. Even if the store gets the merchandise back and there was no damage to it, the store may still try to collect something. They play the odds, sending these letters by the thousands, hoping somebody pays it.


At this point, you can ignore the letter as your daughter did not shoplift and she did not commit any offense. If you ignore it, it is likely that they will not pursue recovery as it is more expensive for them to try to collect, and attorney's fees are not guaranteed. However, If you are concerned about ignoring the letter, you may want to respond by simply stating that there is no basis for their claim and that you will not pay.

Please feel free to ask any follow-up questions.
MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
Verified
MyraB and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask MyraB Your Own Question
MyraB
MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
371 Satisfied Customers
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.

MyraB is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was arrested for a misdemeanor theft/ shoplifting, I do
I was arrested for a misdemeanor theft/ shoplifting, I do not recall being read my miranda rights , do you think I would have a case to get it thrown out.. Also noticed on some of my paperwork that th… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
IN 1981 I WAS CONVICTED OF THEFT BY UNLAWFUL TAKING AND
HI, IN 1981 I WAS CONVICTED OF THEFT BY UNLAWFUL TAKING AND RECIEVING STOLEN PROPERTY AND WAS GIVING A 1 YEAR PROBATION SENTENCE IN THE STATE OF PENNA, THE CHARGE WAS A M1. IN 1985 I PURCHASED A FIREA… read more
Expert
Expert
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was convicted of theft and cheating in 2005. I was ordered
I was convicted of theft and cheating in 2005. I was ordered to pay 12,000 in restitution. It was 2000 for damages and 10000 for insurance. Is there a way to get that amount lowered? I had never been … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
What is statue of limatation on theft by unlawful taking or
what is statue of limatation on theft by unlawful taking or disposition and receiving stolenprperty… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
What is the statute uf limitations in nyc for theft of
hello.... what is the statute uf limitations in nyc for theft of service and or identity from a cable company? please dont be a scam site:) i believe the statute of limitations is 6 years… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can a defendant fire his attorney in the middle of a trial
Can a defendant fire his attorney in the middle of a trial because he is receiving inadequate counsel? The attorney in question is willing to admit to same.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS
I AM GOING TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS SHOPLIFTING BY CONCEALING MDSE - 38 VARIOUS FLOWER PACKETS VALUE UNDER $250 OFFENSE COE 266/30A/D I HAVE BEEN UNDER DOCTORS, THERAPIST, AN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
What is the statue of limitations on timber theft in
What is the statue of limitations on timber theft in Mississippi? Does it start from the time of the theft or time of discovery of the theft? I've hired a forester to make a report, sent forester's re… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
I was arrested two years ago for theft by conversion,
I was arrested two years ago for theft by conversion, felony, posted 2500.00 bail, have never heard any thing since. how long do I have to wait to at least have a prelimanary hearing to see if it can … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
Ive had an out standing theft case for theft less than a
ive had an out standing theft case for theft less than a 1,000 my lawyer is recalling the warrant but this case is from 2015 its two years old im trying to.find out what.statute of limitations are for… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x