Q: What to do if my daughter, a minor, is charged with shoplifting and I'm asked to pay?

A: The civil demand letter you received is a request from the store for payment to cover costs related to shoplifting prevention, not just the merchandise value. Avvo While this practice is common in retail theft cases, many legal experts recommend carefully considering your options before paying, as this letter is separate from the criminal case your daughter is facing.

Most states hold parents financially responsible when their minor children shoplift, which explains why you're being asked to pay. Expertlaw Retailers can file civil lawsuits against a minor's parent or guardian to recover damages, typically ranging from $50 to $500 plus the cost of the merchandise if it wasn't recovered in sellable condition. Jacksonwhitelaw However, it's important to understand that paying this civil demand does not affect the pending criminal case, and criminal proceedings will continue regardless of whether you pay this amount.

The civil and criminal aspects of shoplifting are entirely separate - one involves a lawsuit between private parties (the store and your family), while the other involves government prosecution in criminal court. Criminaldefenselawyer Your best approach would be to consult with a juvenile defense attorney before the court date to discuss both the criminal proceedings and how to handle this civil demand letter. They may be able to negotiate with the store for a lower settlement amount, or in some cases, advise that you wait to see if the store actually follows through with a lawsuit, as many retailers send these letters but rarely take further legal action for small-value thefts, particularly when the merchandise was recovered.