 J E F FWhatta Ya Think About Dat?Premium
join:2004-04-01
Kitchener, ON
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| reply to peterboro
Re: Parental responsibility They were $15 earrings. While they have the right to go after punitive damages in small claims, I'm unsure of the amount.
I have the feeling that they called the parents, told them they won't press charges if the parents pony up for associated costs. Parents said 'sure' and they got this crazy bill.
However...if it were my kid, I'd pay the $500, and make my kid work off the $500.
Everyone wins:
1. The kid because he/she won't have a record (though it's deleted at 18) and will have a lesson learned.
2. The parents because they don't have go to court over the matter.
3. The retailer because they are getting their costs back.
4. The criminal system because they have bigger fish to fry.
5. The public because this kid won't be doing this again.
That assumes reasonably smart parents.
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If you can't explain it simply, you don't understand it well enough. - Albert Einstein |
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 GonePremium
join:2011-01-24
Fort Erie, ON
kudos:3
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| said by J E F F:That assumes reasonably smart parents. The thing you fail to understand is that the $500 being demanded from the lawyer is irrelevant to the criminal proceedings, not an alternative to it. Points 1 through 5 will occur (or not occur) regardless of whether they pay that money or tell them to sod off and take them to court.
People don't get to chose not to press charges. That's up to the Crown. You can suggest to the Crown that you don't want criminal charges pursued, but your thoughts on the matter are really of no consequence and if they have sufficient evidence and believe it is of public interest they can go ahead and do it anyway. They can proceed with charges despite your objection, and just the same they can either not proceed with or quickly drop charges even though you want someone thrown in jail.
You do have the option to proceed with private prosecution of the Crown doesn't want to pursue charges, but at that point you're on the hook for all expenses, and there have been occasions (*coughJulianFantinocough*) where private prosecution against an individual had been initiated, only for the Crown to take over the case - which is well within their right - and then drop it shortly thereafter. |
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| reply to J E F F
Better yet make the kid work at the place where he stole from for at least 6 months. |
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GonePremium
join:2011-01-24
Fort Erie, ON
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| said by Crazycanuckz :Better yet make the kid work at the place where he stole from for at least 6 months. Nothing wrong with that, but it doesn't change the fact that despite all your good intentions, they'll probably sue you anyway. |
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