Shoplifting At K-Mart In Michigan Question?

[marq]

My question involves criminal law for the state of Michigan.

I went into my local K-Mart with a friend to buy him a starter skateboard. The one he wanted was around $65 so we decided to switch tags with a $30 board. He paid his $32 (appx.) and walked to the door. I was able to leave but they grabbed him by the arm and told him to "come here." Anyway, I went back inside to find him and he was in the Loss Protection room. They had been waiting for me, the apparent "fat friend," or so I was called. They took our driver's licenses, addresses, phone numbers, and everything. Probably standard procedure. They then refunded my friend's money along with a return receipt. The police were never called and no one else was involved. FIRST OFFENSE for both of us.

Now, here's my question.

Right before we were let out, he mentioned that the K-Mart attorney/lawyer would send us something in the mail within 2 to 3 weeks and that we would have to pay 10 times the cost of the product we "stole." Would that mean the $65 board we tried to get away with? The $30 dollar board we actually paid for? Or the difference between the two?

And also, since no police were involved and it was such a small amount, will this go on our records? Or will it go away?

Thank you so much for any help that you can give us.
We really appreciate it.

[trucker]

My question involves criminal law for the state of Michigan.

I went into my local K-Mart with a friend to buy him a starter skateboard. The one he wanted was around $65 so we decided to switch tags with a $30 board. He paid his $32 (appx.) and walked to the door. I was able to leave but they grabbed him by the arm and told him to "come here." Anyway, I went back inside to find him and he was in the Loss Protection room. They had been waiting for me, the apparent "fat friend," or so I was called. They took our driver's licenses, addresses, phone numbers, and everything. Probably standard procedure. They then refunded my friend's money along with a return receipt. The police were never called and no one else was involved. FIRST OFFENSE for both of us.

Now, here's my question.

Right before we were let out, he mentioned that the K-Mart attorney/lawyer would send us something in the mail within 2 to 3 weeks and that we would have to pay 10 times the cost of the product we "stole." Would that mean the $65 board we tried to get away with? The $30 dollar board we actually paid for? Or the difference between the two?

And also, since no police were involved and it was such a small amount, will this go on our records? Or will it go away?

Thank you so much for any help that you can give us.
We really appreciate it.

[seager]

Actually, the maximum would be $200.00 total or $200.00 each since the merchandise was recovered and in salable condition. I do not know how local Michigan courts interpret the statute when more than one person is involved. You or your lawyer needs to have them stipulate, if you decide to pay the civil damages which in essence amounts to an admission of guilt, that your paying the civil damages will not be used against you as a confession for a further criminal prosecution.

[roche]

It sounds like you'll be paying $650.
Also, petty theft is a misdemeanor, not a felony, so no worries.

[pannoowau]

You were damn lucky. Theft is theft, anywhere, from any store or person. Had you been in my store, you would have slept in jail, been prosecuted for fraud, and theft. and have it on your record. If the lawyer, does send you a letter it might be a fine of $ 320 to $650, to be paid by your parents. Note: You might even be prohibited from ever entering that K-Mart again.
Peace.

P.S. You were both guilty thus both pay. It is a fine - not payment for the product - too keep you out of jail.

[bellden]

What they are going to send you is a demand for what is called "civil recovery". This is money to defray the costs that stores incur in fighting shoplifting.

Michigan law says:
"600.2953...

Sec. 2953.

(1) In addition to applicable penal sanctions, a person who commits an act for which he or she could be charged with retail fraud in the first, second, or third degree under sections 356c and 356d of the Michigan penal code, 1931 PA 328, MCL 750.356c and 750.356d, is liable to the merchant who is the victim of the act for the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00."

So I'd say you'll each get a bill for $265. That's the $65 value of the skateboard, plus the maximum $200. If you do not pay, they can sue you for it, and add their legal costs, court fees and lawyers bills to it.

Since you both committed the crime, you can both be held liable. If you are minors, by the way, the law requires that the payment be made through your parents.

Finally, this is a civil demand, no criminal record is involved. That does not mean that they may not pass the paperwork to the cops anyway, who would then have the option of bringing a criminal prosecution as well.

Richard