Legal Question in Criminal Law in California

I was caught shoplifting at Target and arrested...I have to appear in court in October, target sent me a restitution letter for $500. I've been having financial problems and had a lapse in judgement and took some things my kids needed. (Less than $400) I spent one night at county and was released on the promise to appear in court. I have never been in trouble and I don't have the money obviously to pay Target which they want within 10 days. I don't know what to do...help?


Asked on 9/16/11, 10:49 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Not paying your debt to Target within 10 days is not your #1 problem. Dealing with the criminal charges he right way so you can be eligible to ever work again is the #1 problem. Depending on the circumstances you may be eligible for a public defender, but I would strongly advise that you consider borrowing the money from a relative and retaining private defense counsel. I would be happy to consult with you without charge.

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Answered on 9/17/11, 12:25 am
Joe Dane Law Office of Joe Dane

The demand letter from Target (or the law firm that sent it) is all bark and no bite. If you pay, it means they won't sue you in small claims court, but it won't make the criminal case go away.

If you ignore their outrageous demand, they have to make a choice - sue you (they never do) or let it go (I have never heard of anyone actually being sued if they don't pay).

Your focus should be on the criminal case - either with the help of an attorney you hire if you can afford to do so or with the public defender if you financially qualify. If you hire a lawyer, they can appear on your behalf and you won't have to go to court. If you can't hire one (and you never know until you consult), you will need to show up on your court date and request that the judge appoint the public defender after they review your financial declaration.

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Answered on 9/17/11, 7:58 am
Terry A. Nelson Nelson & Lawless

Do not pay the store, unless your attorney tells you to. If you can't afford to hire private counsel, you will need to apply for the Public Defender on your first court date, and follow his advice.

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Answered on 9/19/11, 1:48 am
Anthony Roach Law Office of Anthony A. Roach

I agree with the previous answers. If you enter into a plea deal in the criminal matter, you will most likely be subject to a restitution order anyway, which will involve you paying money to the prosecutor who turns it over to Target.

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Answered on 9/19/11, 10:02 am


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