Caught Shoplifting II

Samosa writes: "I was caught shoplifting at a local Kohl's yesterday. They took my picture, my address, phone nunber and all that stuff. The total of the items costs $110. They said they're going to send me a civil suit. I'm 16. I have no idea what that means. Do I have to pay them back? Do I have to go to court? Do I have a criminal record now? Please help me. It was my first time, and it was the biggest mistake of my life."

Samosa's situation is a perfect example of retail workers trying to flex muscles that they don't have and attempting to scare you in the process when you really have nothing to worry about whatsoever.

The reality for Samosa is this: since she's under 18 there's really no civil suit they can throw at her. Mentioning a civil suit is simply a retail clerk using terminology they've heard on Law & Order to try and scare you. In fact, until you've stolen at least $500 (which was discussed in the previous Shoplifting question), you haven't even committed a real crime. Items stolen that total $110 dollars is nothing, whatsoever.

So they took your picture, your address and your phone number. If anything, the manager of the Kohl's will call your parents and they'll be left to punish you. At most, you'll have to pay back the $110 and that's it. My official lawyering advice would be to pay back the money and make sure that the next time you shoplift, it's from a store you haven't ever stolen from before.

My personal opinion, of course, is to deny you ever did anything. It will be your word against the word of some snot-nosed retail clerk who makes minimum wage and when push comes to shove the amount of money Kohl's is out (which really isn't $110 but probably $30 for wholesale material prices) won't be worth enough for them to continue fighting the cause. They'll just give up and you'll be free and clear.

When all else fails, Samosa -- deny, deny, deny!