Shoplifting charges in North Carolina are serious. What might seem like a minor mistake can quickly turn into criminal penalties and financial stress. Many people are surprised to learn that after a shoplifting arrest, they can also receive a civil demand letter from the store’s lawyer.
Understanding what this letter means, how it relates to your criminal case, and what steps to take next is essential. At Martine Law, our North Carolina criminal defense attorneys have helped many clients handle both criminal charges and civil demands with care and confidence. You are not alone, and there are ways to protect yourself and your future.
What Is Shoplifting in North Carolina?
Under North Carolina General Statute § 14-72.1, shoplifting refers to taking merchandise from a store without paying for it, hiding it, or switching price tags to avoid full payment.
Shoplifting can be charged as:
- A misdemeanor if the value is under $1,000.
- A felony if the value is $1,000 or more, or if you have prior theft convictions.
Even a misdemeanor conviction can lead to jail time, fines, and a permanent criminal record. Beyond that, many retailers send a civil demand letter, asking for payment to cover their claimed losses.
If you are accused of shoplifting, contact a criminal defense attorney who understands North Carolina’s theft laws. Acting early helps you avoid mistakes that can hurt your defense.
What Is a Civil Demand Letter?
After a shoplifting incident, stores often send a civil demand letter to the accused person. This letter usually demands a specific payment amount to “cover losses,” even if the merchandise was returned.
The demand comes from the store’s lawyer or collection agency and is based on North Carolina General Statute § 1-538.2, which allows retailers to seek civil damages from alleged shoplifters.
The amount requested often includes:
- The retail value of the stolen or damaged goods.
- Additional penalties, usually between $150 and $1,000.
- Legal or administrative fees.
It’s important to understand that receiving a civil demand letter does not mean you have been found guilty. It is a separate civil issue from your criminal case. Paying it does not make the criminal charge disappear, and ignoring it can lead to more complications.
How Does It Work Legally in North Carolina?
In North Carolina, a store can pursue both criminal charges and a civil demand. This means you might face:
- Criminal prosecution by the State, and
- A civil claim by the store seeking money.
The criminal case is handled in court through the North Carolina Judicial Branch. The civil demand, on the other hand, is usually handled privately or through small claims court if unpaid.
Sometimes, stores never follow through after sending the letter. Other times, they hire debt collectors or law firms to pressure payment. That’s why it’s essential to speak with a lawyer before responding.
A skilled attorney can help you:
- Review the letter’s validity.
- Determine whether payment is necessary.
- Protect you from admitting guilt.
- Coordinate your response so it doesn’t affect your criminal defense.
What Should You Do If You Receive a Civil Demand Letter?
If you receive a civil demand letter, do not panic and do not ignore it. Here are key steps to take:
- Do not admit fault. Avoid signing or sending any written statement without legal advice.
- Save the letter. Keep copies for your records.
- Consult a defense attorney. A lawyer can review your case and guide you on whether to pay or contest it.
- Avoid direct communication with the store’s lawyer or collection agency.
- Stay aware of deadlines. Missing a response can sometimes lead to further claims.
You can reach the experienced legal team at Martine Law for help understanding your rights and next steps. Our North Carolina attorneys are available to review your case and protect you from unfair claims.
Read more on how to handle a civil demand letter in North Carolina.
Common Penalties for Shoplifting in North Carolina
Penalties depend on the value of the merchandise and whether it’s your first offense.
For misdemeanor shoplifting:
- Up to 60 days in jail for a first offense.
- Fines and possible probation.
- Mandatory community service.
For felony shoplifting:
- Jail or prison time of several months or more.
- Large fines and restitution.
- Long-term criminal record.
Even without jail, a conviction can affect your job, housing, and reputation. That’s why it’s vital to work with a defense lawyer who can explore options like deferred prosecution or dismissal when available.
Learn more about how criminal charges work in North Carolina on our Criminal Defense page.
How a Lawyer Can Help You Handle a Civil Demand Letter
A lawyer’s role is not only to defend you in court but also to protect your interests outside it. Here’s how a defense attorney at Martine Law can assist:
- Review and interpret the letter to ensure it follows North Carolina law.
- Communicate with the retailer or their attorney on your behalf.
- Negotiate to reduce or dismiss the demand if possible.
- Protect your criminal defense, ensuring you don’t make statements that could harm your case.
- Advise you on when it makes sense to settle or contest the claim.
Our attorneys understand both the criminal and civil sides of shoplifting in North Carolina. We focus on helping you move forward with your life, not just your case.
If you’ve received a civil demand letter or been charged with shoplifting, call us at [tel:+1(704)842-3411] or visit our contact page. Early guidance can make all the difference.
Key Takeaways
- A civil demand letter is separate from your criminal shoplifting charge.
- Do not pay or respond without legal advice.
- Penalties for shoplifting in North Carolina range from fines to jail time.
- An experienced attorney can negotiate or challenge both the civil and criminal aspects of your case.
- Taking quick action can protect your rights and reduce long-term consequences.
Understanding your options early gives you control over the outcome. The lawyers at Martine Law can help you navigate both the criminal process and any civil demands that follow. Call us today at [tel:+1(704)842-3411] or reach us through our contact form for a confidential consultation.