Legal Question in Civil Litigation in California

Re: Juvenile accessory to shoplifting

Dear Parent:

1. Under Calif law, the merchant has a RIGHT to seek recompense for its "costs" of apprehension. The $500 figure is not unusual for a shoplifting "case."

2. The "civil payment" from your information, is NOT couched as a civil compromise (Penal Code 1377 through 1378) and since there is no overt atempt to "settle" the criminal case by a civil payment [from info thus far provided] if you were to pay the sums your daughter could still be prosecuted in the Juvenile court.

3. 100%, if prosecuted, the charges will go away in what is called a DEJ, or deferred entry of judgment. Your daughter would enter a plea, the judgment would not be made a record of the court,and the case would be dismissed after a period of probation.

4. I provide a lot of juvenile and mental health representation and I am frequently in juvenile court. What area of Calif do you reside in?

5. The merchant does NOT have the choice of prosecution---only the Prosecutors office after they receive a written "arrest" or crime report. The Prosecution weighs the report's facts and THEN determines if they will proceed.

6. IT IS IMPERATIVE THAT YOU RETAIN AN ATTORNEY. An early "open communications line" with both the store and the police/sheriff and the prosecution MAY prevent a filing.

I hope this has been helpful.

Sincerely,

Mark Geyer

Re: Juvenile accessory to shoplifting

Only if there is an enforceaable written agreement to not prosecute civil or criminal charges. How much do you think it will cost in attorney fees to defend her criminal charges? You do the math.

Re: Juvenile accessory to shoplifting

It appears to me that the store attorney is threatening to sue you and your daughter for the costs they allege to have incurred in pursuing shop lifters and the co-conspirators. It does not appear to be an offer to stop criminal charges from being pursued. The District attorney's office has sole discretion in this area. As to the criminal charges in juvenile court you should request a copy of the survielance tape from the store. This video tape should be reviewed with her defense attorney. along with any audio tape or written reports from store security and the police. After this has been done you can make a better decision on the best course of action. If the store lacks evidence to tie your daughter into the shop lifting activies you may wish to discuss the possibility of a false arrest lawsuit against the store and security officers.

Re: Juvenile accessory to shoplifting

no, but its an intimidation tactic some lawyers try to use to more or less "extort" a potential defendant in a CIVIL suit into paying damages to have the charges "go away". personally, we find this kind of attorney conduct "pitiful", especially if there is really NO affirmative proof the substantially shows your daughter as being an accessory to the crime apart from her initially showing up at the location with the charged parties. these attorneys who are "demanding" a settlement to forbear the store's claims have NO proof to initiate a cause of action against your daughter here based on the facts you have given. thus, this probably is the reason they are "demanding" so little in their legal letter to you/her. you may want to strongly consider consulting with an attorney in person or by phone to go over the rest of your facts. thereafter, if there is NO merit to the store's case against your daughter, you may want to further consider filing a number of claims against them yourselves according to your attorney's guidelines. if you would like such assistance, contact us today.