Legal Question in Criminal Law in California

33 yr old female caught shoplifting in California a month ago . The LP took me to the back office and recovered the merchandise and warned me not to enter the store ever again. He also asked me not to step for any returns in future. He did not make me sign any papers and no police was called. There was one witness (store employee) who said saw me removing tags. He asked the witness to come to the back office while he was typing up my information (Name,SSN,drivers license,address etc ).3 weeks later I got a civil demand notice to pay $325 and I paid it immediately.I'm feeling ashamed of my act and God knows why I did it. I promised to myself that I'll never do such thing again in my life. Please help me with the following questions:

1. Since no police was involved,will the retail store still file any criminal charges against me ,specially that I did not sign any papers and paid the civil demand in full ?.

2. Per California state law,for how long the retail store (Kohls)will have rights to file a criminal against me in the court?.

3. For how long will this haunt me?.

I feel so depressed and not able to sleep. Please help me. Thanks..


Asked on 8/31/09, 11:45 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

I answered this question earlier. There is nothing that I can add to that answer. Being this upset you should consider talking to your priest or an attorney regarding this matter. The store has 1 year in which to file this as a misdemeanor. If they try to file it as a felony, burglary, then they would have 3 years.

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Answered on 9/01/09, 12:06 am
Gary Polston The Law Office of Gary M. Polston

The fact that you didn't sign anything or paid the civil demand does not preclude the store from filing charges. As the above answer said, charges can be filed up to either one year as a Misdemeanor, or three years as a Felony.

Since you cannot control this. Your best bet is to move on with life. If charges are filed you would be advised to consult an attorney who could help minimize the damages.

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Answered on 9/01/09, 1:57 pm


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