Legal Question in Criminal Law in California

Well, it depends. First, did they get your boyfriends name? or any identification? in other words do they know who he is? Most stores now have surveillance cameras and even if they do not know his name or who he is, they may be investigating to find out. It also depends on your boyfriends age, if he is over 18 the consequences could be more serve than if he is still under 18. It also depends on the value of the item he was attempting to steal. If the value of the item was over $399.00 the seriousness of the act jumps up to a felony. However, if the value was $399.00 or less, then it is a misdemeanor. So with the information you have supplied an accurate answer is not possible. The pending question is do they know who he is and/or do they have the information to find out who he is? Also if he goes back to the store they will arrest him.

I suggest he talk to a local criminal defense attorney who might be familiar with the practices of the various stores in the area. I'm in Sacramento, and some of the stores here will keep the photo information on file and if they have the opportunity to identify the individual they will pursue the matter. Sometimes, when the person is a juvenile by going to the store and discussing it with them an agreement may be reached under a specific provision of the California Penal Code and law enforcement will not be brought into it. However, this should not be considered without specific advice from an attorney and the attorney should be the one who sets that up. So I suggest you have him contact an attorney and at least go in for a consultation. Generally criminal defense attorneys will not charge for the initial visit and if they believe they can take care of the matter with a couple of phone calls the fee will be minimal. Good luck.

This a public forum and any communications between the parties on this forum will not and /or does not create an attorney-client relationship. The communication is also not considered privileged since there is no attorney client relationship. Furthermore the information given is based upon the general principles of law and not based upon any specific information to any specific situation and therefore can not be relied upon as accurate or consider to be legal advice. It is impossible to give accurate or specific information using a public forum such as this. I suggest you seek legal advice and meet an attorney face to face.

Good luck,

Brian McGinity