Legal Question in Criminal Law in California

My 16 yr. old daughter was talked into shop lifting with an adult friend and both were caught. No charges were filed by Kohls or the Police, however, 2 months later a Lawyer from New York sends a letter demanding a 200 dollar payment under California Penal Code 490.5 The merchandise never left the store and was recovered without damage (valued at $119) It doesn't seem fair to have to pay $200. Am I obligated to pay this?


Asked on 2/15/11, 2:51 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. But they are free to press and pursue criminal charges, even if you do pay. I suggest you consult with a local criminal attorney with experience in the reality of shoplifting prosecutions to see if he can negotiate a deal that avoids criminal charges being filed. .

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Answered on 2/15/11, 5:14 pm


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