Legal Question in Criminal Law in California

My 17 year old son and 5 of his friends (all Juniors in HS) egged another schoolmate's parent's home about a week ago. They cleaned up the house the next day after one of the kids admitted the wrong doing.

My son came to me today to tell me that he needed $371 because he did this terrible thing and the parent's said that they damaged two cars and they had to be sanded down and repainted and if they don't pay the money in 4 days, the parents will go to the police and press charges.

Although I am aware that my son should be held accountable for his actions, I don't feel comfortable with the other parent's claim, especially because the parent did not contact me before threatening to report my son to the police. It feels like extortion. I have no proof of any damage, only a threat that if he doesn't pay, they will call the police and press charges.


Asked on 4/22/10, 2:27 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It sounds like extortion to me, too. But that has nothing to do with whether your son should pay the $371 -- which sounds implausibly high for 1/6 of the cost of damage caused by throwing some eggs.

I suggest calling the parents and asking for documentation of the amount they claim. If their evidence is satisfactory, then you should probably just work something out with them and let the matter go.

If it isn't satisfactory, you'll face something of a dilemma since you won't want your son to avoidably get into trouble with the police. But if the parents do report him, you can tell the officers about the extortion attempt. They might -- *might* -- consider that important enough to forget about the vandalism and focus on the extortion.

Just be careful not to threaten to report the parents if they don't back down. That would at least arguably be extortion as well. You don't want to go there.

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Answered on 4/27/10, 2:39 pm
Terry A. Nelson Nelson & Lawless

1. Eggs thrown on cars severely damage paint by chipping. It can not be simply polished out. It requires repainting every panel 'egged'. Trust me; it has happened to me.

2. Yes, that's technically extortion, but police are not likely going to be interested in your claim nearly as much as the victim's claims.

Thus, work with all the other culprits' parents and do a collective settlement with equal shares payable, or something like that. .

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Answered on 4/27/10, 5:20 pm


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