Legal Question in Business Law in California

Re: penal code 490.5

I suggest you re-ask the question under a criminal law heading; you'll get more and better answers than under business law. However, let me take a shot at answering:

First, this incident would probably fall under Penal Code section 490.1 rather than 490.5. Section 490.1 is petty theft where the value of the property taken is under $50, and it can be charged as an infraction, which is what would probably happen. The maximum fine for an infraction is $250.

Second, if your son is a juvenile, he would be entitled to additional protection.

Third, I do not believe that the store or the attorney representing it has the right, power or authority to convert a criminal matter into a civil claim and demand a payment to settle the matter. Civil compromise and settlement of a crime is possible only as set forth in Penal Code sections 1377 to 1379, which require the compromise to be done before a judge and entered into the records of a criminal proceeding then before the court.

I suggest taking the civil claim to the public defender's office in your county and ask if the demand is improper. I think the claim is improper and I'd personally be inclined to tell the attorney NO in firm language, but I'm just a little apprehensive that I'm wrong and therefore I think you should get additional advice from someone in the criminal law field.