If you or a family member has been arrested for shoplifting in Connecticut, you’re probably worried about more than just the criminal charge.
You’re also asking yourself:
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“How much money am I going to have to pay?”
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“Am I going to have to pay restitution?”
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“What about this civil demand letter that showed up in the mail?”
Most people assume that if they just pay whatever the store’s lawyer is asking for, everything will go away. Unfortunately, that’s not how it works. Paying a civil demand letter does not resolve your criminal case. The criminal case in the Connecticut court and the private civil collection process are two completely separate tracks.
You’re not alone. I sit across the table from people in your exact situation all the time. The store wants money. The prosecutor is talking about restitution. You feel like everyone is coming at you from every direction at once.
The good news is that there are fundamental rules and absolute limits on what stores can collect. There are innovative ways to handle restitution and civil claims that protect both your finances and your future. My job is to help you understand the difference between criminal restitution and civil liability, and then build a strategy that keeps everything as contained as possible.
Criminal Restitution vs. Civil Liability – Two Completely Separate Systems
What “restitution” means in a criminal case
In a criminal case, “restitution” simply means money the judge orders you to pay to make the victim whole. In a shoplifting case, that usually means:
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The value of items that weren’t recovered, or
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The cost of repairing or replacing items that were damaged.
Restitution is part of your criminal case. It can be attached to:
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A negotiated plea,
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A conditional discharge
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When applying for Accelerated Rehabilitation AR, or
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A result where the case is being dismissed, but the victim is being reimbursed as a condition.
The money doesn’t go to the State of Connecticut. It goes directly to the store. And it’s supposed to be tied to actual, provable loss, not inflated numbers and wishful thinking.
Civil demand letters and civil lawsuits – the separate money fight
Civil demand letters and civil lawsuits are not part of the criminal case. Even if your criminal charge is reduced, dismissed, or resolved through a diversionary program, the store can still try to go after you on the civil side.
Stores and their out-of-state law firms often try to collect:
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Civil “penalties,”
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Claims for alleged losses, and
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Threatened attorney’s fees and court costs.
Criminal court is about guilt, your record, probation, and your liberty. Civil claims are about money. They run on separate tracks, and part of my job is to ensure that what happens in one track doesn’t unfairly impact the other.
Most importantly, paying a civil demand letter does not force the prosecutor to drop your charges and does not bind the judge in your criminal case in any way. In fact, it has no relevance whatsoever in the outcome of your criminal case.
How Restitution Works in Connecticut Shoplifting Cases
When restitution usually comes into play
Restitution becomes an issue when the store claims:
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Items weren’t recovered,
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Items can’t be resold as new, or
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Displays, security devices, or packaging were damaged.
Prosecutors often ask for restitution in shoplifting and larceny cases. Usually, upfront restitution for any unrecovered or damaged items would be a condition of Accelerated Rehabilitation AR. Sometimes restitution is required as a condition of probation. Sometimes it’s part of getting a better outcome for a first-time offender, including the possibility of a dismissal down the road if you stay out of trouble.
How restitution amounts are calculated
In theory, restitution is supposed to be based on actual loss, such as:
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The retail value of unrecovered items, or
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The reasonable cost to repair or replace damaged merchandise or fixtures.
In practice, some stores or loss prevention departments will submit inflated or poorly supported numbers. You don’t have to just roll over and accept whatever figure they throw on the table.
As your attorney, I can:
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Demand documentation to back up the claimed loss,
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Challenge inflated or speculative numbers, and
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Negotiate a fair and reasonable restitution amount.
Why restitution can improve your criminal outcome
Paying reasonable restitution can often improve your position in the criminal case because it:
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Makes the victim whole,
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Shows the court that you’re taking responsibility, and
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Gives the prosecutor more flexibility to offer a favorable resolution.
That does not mean you should overpay or write a blank check. It means we use restitution strategically as part of an overall plan to protect your record and your future.
Civil Demand Letters After Shoplifting
What a civil demand letter usually contains
A typical letter will:
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Come from an out-of-state law firm or collection agency,
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Demand a set amount of money within a short deadline, and
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Threaten a civil lawsuit if you don’t pay.
These letters are written to scare you. The fact that you received one doesn’t automatically mean a lawsuit is coming, and the amount they’re demanding may not be supported by the law or by the facts.
What law lets stores send these civil demand letters?
In Connecticut, most civil demand letters after a shoplifting incident are based on Connecticut General Statutes § 52-564a, “Liability for shoplifting.” This statute gives retail stores the right to bring a civil lawsuit after a shoplifting incident and seek:
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The retail value of any merchandise that wasn’t recovered or can’t be resold as new,
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Their court costs and reasonable attorney’s fees, and
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A limited civil penalty (punitive damages) on top of that.
The key thing to understand is that this is a separate civil claim. It does not require a criminal conviction, and paying a civil demand under § 52-564a does not automatically make your criminal case in Connecticut court go away.
Common questions about civil demand letters
Here are the questions I hear most often:
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“Do I really have to pay this?”
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“Why are they asking for money when I already paid restitution in court?”
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“What happens if I ignore this letter?”
There’s no one-size-fits-all answer, but the key point is this: a civil demand letter is not a court judgment. You still have options, and it’s advisable to consult with a lawyer before sending any money.
And again: paying that civil demand does not automatically help your criminal case. The prosecutor and judge are looking at what happens in court, not what you mailed to a collection firm in another state.
What Stores Can Actually Demand – and What’s Negotiable
The kinds of money stores usually ask for
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The value of unrecovered or damaged merchandise,
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A civil “penalty” or “assessment” allowed under civil shoplifting laws, and
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Court costs and attorney’s fees if they actually file and win a lawsuit.
On paper, that total can look huge. In reality, courts are not in the business of handing out jackpots. The idea is to make the merchant whole, not to turn your mistake into a profit center.
When stores are more likely to sue
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The alleged theft is high-dollar, or
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The case appears to be part of a larger, organized retail theft pattern or repeat behavior.
For a typical low-value, first-time shoplifting incident, many stores send a series of demand letters but never actually file in court. That doesn’t mean you should ignore everything. It means we need to examine your specific facts and determine a suitable response.
Double-dipping concerns: restitution vs. civil payment
A very common fear is, “Am I going to have to pay twice?” The law does not let a store recover the same loss over and over again under different labels.
If you’ve already paid restitution in the criminal case, that may reduce or even wipe out what’s left to claim on the civil side. At the very least, it gives your attorney leverage to argue that any additional demand is excessive or unfair.
My job is to coordinate both the criminal strategy and any civil negotiations so you’re not paying more than the law actually allows.
How a Defense Lawyer Protects You Financially
Coordinating the criminal case and the money issues
On the criminal side, I review every claim the store submits, including receipts, photos, loss reports, and invoices. I ensure that restitution is based on actual loss, not inflated numbers. Then I use that restitution to support the best possible result in your criminal case.
Handling civil demand letters and potential lawsuits
On the civil side, I:
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Evaluate whether the demand is legitimate or overreaching,
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Advise you on whether it makes sense to negotiate, settle, or refuse to pay, and
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You don’t have to deal with threatening letters, legal jargon, and collection tactics by yourself. That’s what I’m here for.
Practical Tips If You’re Facing Restitution or a Civil Demand Letter
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Don’t ignore your court dates. Restitution is typically handled in criminal court, and you are required to appear.
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Don’t just send money without advice. Overpaying may not help your criminal case and can hurt you on the civil side.
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Don’t assume paying a civil demand letter will help your criminal case. In most situations, it has little or no impact on what the prosecutor or judge does. Talk to a lawyer first.
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Save everything. Keep copies of letters, receipts, emails, police reports, and any paperwork from the store or its lawyers.
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Talk to a lawyer early. The sooner you get advice, the more options you have to control the outcome.
Take Action Now – Talk With a Connecticut Shoplifting Lawyer Before You Pay
If you’re facing a shoplifting or larceny charge anywhere in Connecticut, the criminal case is only part of the picture. Restitution, civil demand letters, and possible civil lawsuits can follow you long after court if they’re not handled correctly.
One of the biggest mistakes I see is people mailing checks to out-of-state collection firms before they ever speak to a lawyer, thinking it will fix the criminal case. It usually does not. Before you pay a dollar to a store’s law firm, get real advice about how that decision will affect both the criminal case and your overall exposure.
I help clients protect both their record and their wallet by:
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Fighting inflated restitution claims,
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Challenging improper civil demands, and
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Negotiating realistic, fair resolutions whenever possible.
Call Attorney Allan F. Friedman Criminal Lawyer today at 203-357-5555 or use our online contact page for a confidential consultation.
You can also reach me through the contact page on my website.