Legal Question in Criminal Law in California

i was caught shoplifintg $80 worth of merchandise at a walmart. My cousin (who did not do anything but was with me) and I were stopped and brought into a room where tehy took our IDs and filled out some paperwork which they filled out themselves and we never signed. They did not call authorities and asked how much money we had on us (which was $80) and said we could both put in money to pay a fine that would be mailed to us. they didn't say anything about civil recovery, they just said to pay a fine. question : because we did not sign anything are we still accountable and have to pay a fine? will this go down on my record? how much would the fine be? since he asked how much money we had and we said $80 total, will the fine be in that range?


Asked on 9/12/09, 7:06 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

The statute of limitations on a misdemeanor (such as petty theft) is one year. The prosecution has up to one year to file charges against you and your cousin. If the police were not called, it's encouraging, but doesn't mean that they can't report it to the police later and request that the case be submitted to the DA for prosecution.

In the mean time, the store may send (through a law firm) a civil demand letter. They will quote penal code sections and make a demand for some outrageous sum of money - up to $500. That has absolutely nothing to do with any criminal prosecution and only guarantees they can't sue you civilly. Many times, if you ignore their letters, they don't folow up and file suit, as the hassle isn't worth it. It's your decision to pay or not, but paying doesn't guarantee no criminal case and not paying doesn't automatically mean you will be prosecuted. They're connnected, but don't depend on each other.

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Answered on 9/13/09, 11:38 am
Terry A. Nelson Nelson & Lawless

Paying the normal $400-500 penalty to the store does not prevent them from filing criminal charges. Only negotiating a formal written Civil Compromise with them will protect you from criminal charges. If serious about getting legal counsel to help you with the agreement, or to defend the criminal charges if and when filed against you, feel free to contact me.

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Answered on 9/14/09, 2:58 pm


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