“I made a mistake. I
was caught trying to shoplift. I gave
the merchandise back, and was released.
I thought this was all behind me, until I received a letter in the mail
demanding payment. What is a civil
demand letter, and what should I do about it?”
What is a civil demand letter
The letter will identify you, and accuse you of theft. The letter will demand a return of the
merchandise (if not already returned), payment equal to the value of the
merchandise (if the merchandise was destroyed), payment for the lost time/wage
of the employee(s) who apprehended you, and payment of a civil penalty equal to
twice (2x) the value of the stolen items.
See, the Maryland Courts &
Judicial Article of the Maryland Code § 3-1302.
What happens if I pay the amount demanded?
If you pay the demand, the store cannot make any further
civil demands against you relating to the same theft. See,
Md. Cts. & Jud. Proc. Code § 3-1304.
However, that payment can be used against you in subsequent criminal
proceedings to demonstrate your guilt. See, Maryland Rule 5-804(b)(3). Payment of the civil demand does not
preclude criminal prosecution. See, Md. Cts. & Jud. Proc. §
3-1306(b).
What happens if I ignore the demand letter?
If you ignore the demand, the store may sue you,
civilly. They must file a small claim in
district court, and serve you with a summons.
If they are successful, they may recover attorney’s fees and court
costs, regardless of your ability to pay.
See, Md. Cts. & Jud. Proc.
§ 3-1305(b). Generally, however, the
time and effort required to prosecute a small claim deters such lawsuits.
What can happen, regardless of my decision?
Whether you pay the civil demand or not, the store can
swear-out a criminal complaint, and you may be charged with a crime. Maryland’s consolidated theft statute
establishes maximum penalties based on the value of the items stolen:
|
Value
|
Type
|
Max Penalty
|
|
< $100
|
Misdemeanor
|
90 days / $500
|
|
< $1,000
|
Misdemeanor
|
18 months / $500
|
|
$1,000 - $9,999
|
Felony
|
10 years / $10,000
|
|
$10,000 - $99,999
|
Felony
|
15 years / $15,000
|
|
$100,000+
|
Felony
|
25 years / $25,000
|
See, Maryland
Criminal Law Article § 7-104.
If you are charged with an incarcerable crime, you are
entitled to a lawyer, regardless of your income. Hire a private attorney, or apply for
representation through the Office of the Public Defender.
