Legal Question in Criminal Law in California

I am 23 years old, and I was recently caught shoplifting at a Walmart store (California). I know this is wrong, and I don't even know why I did it, I feel terrible. The items I had taken amounted to $5 or so, and were given back immediately after I was confronted by LP. I was taken to the back room for about 5 minutes, they photocopied my ID and gave me a copy of PC 490.5. I was told by the LP Agent that I would receive a letter in the mail withing 6 weeks to pay a fine ranging anywhere from $50-$1,000. She told me that if I didn't recieve this letter to call a number and speak to someone. I have a squeaky clean record, (juvenile, driving, criminal) so i'm concerned about whether or not this will show up in a background check, or if it can hinder my future prospects.


Asked on 5/23/10, 1:53 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

There are two possible things happening here: a potential criminal case and a possible "civil demand letter" from a law firm.

If you get a notice to appear in court on a criminal case, you need to appear as ordered. You should get the best lawyer you can hire; if you can't afford to hire an attorney, then the court will appoint a public defender.

If you're convicted, you will have a conviction that will follow you forever.

If you get a "civil demand letter" from some law firm demanding money, it is NOT a fine and has NOTHING to do with a potential criminal case. This is probably what the loss prevention person was talking about.

If you get a civil demand letter, ignore it. The law firms who send these things are nothing but bullies who try to scare people. They rarely, if ever, sue anyone; in fact, one of the biggest firms is careful NOT to threaten to sue because it is a violation of Federal law to make those threats if they don't intend to follow through.

These law firms work on commission. They keep a percentage of what they collect and give the rest to the store. If they send a couple of letters and don't get a response, they'll stop wasting stamps and go after the next guy.

http://tinyurl.com/pc490

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 5/25/10, 11:20 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Marshall if right on every point. I suggest you read his link that he provided, which is well written. Of course, if you don't let Walmart scam you, the rest of us may not be able to enjoy the low low prices.

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Answered on 6/03/10, 11:33 am


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