Legal Question in Criminal Law in California

i was charged with shoplifting, and went to court, where i paid my fines. now the store wants $800 and says if i dont pay them, i go to jail. is this possible?


Asked on 8/12/09, 3:59 pm

2 Answers from Attorneys

If a term of your probation/conviction was to pay the store restitution then maybe.

Otherwise, generally speaking the store has the option of taking you to civil court for their loss. The fines/penalties in civil court would be money damages. These could stack up since the store would also seek attorney's fees among other costs.

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Answered on 8/12/09, 4:44 pm
Joe Dane Law Office of Joe Dane

I assume what you're talking about is a "civil demand letter" from a law firm that represents the store. They send threatening letters, quoting Penal Code section 490.5. That sections allows a merchant to pursue a civil action against you.

Assuming that's what this letter is, it has absolutely NOTHING to do with your criminal case. It has to do with a civil demand - if you don't pay it, then the law firm and the store have to decide if it's worth it to file a lawsuit against you to try and collect. I have spoken to many of my colleagues in California and nobody has seen them actually follow through and sue. They count on people just paying the threatening letter, hoping it will help. If it truly is a civil demand letter, they cannot put you in jail if you don't pay.

It could also be a probation order that IS required to be paid, though. If it's part of your criminal case, then if you don't pay, you could be in violation and could be subject to punishment, including jail.

Don't take this as legal advice. I haven't seen the document you're referring to, so I cannot guarantee this is what's going on. You should consult with an attorney in your area that look at this letter and advise you.

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Answered on 8/12/09, 4:48 pm


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