Legal Question in Criminal Law in California

civil penalties for a petty theft

I was convicted of a petty theft that was reduced to an infraction. Now the victim (a well known department store) is trying to get me to pay $300.00 to themas a civil penalty. Am I obligated to pay. I did plead no contest to the charge.


Asked on 3/08/06, 10:06 pm

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

Re: civil penalties for a petty theft

Although I was unable to find the code section it is my recollection that there is a code section that allows a merchant to collect damages that result from interfering with the business. Arrest for a petty theft would qualify as such interference with a business.

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Answered on 3/14/06, 1:18 am
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: civil penalties for a petty theft

Presumably, if the State charged you with theft, they would have to have the evidence against you, which would include the merchandise allegedly stolen. If the store has not gotten the merch. back, then they would seek its value from you. But paying them a ''civil penalty''sounds wrong, unless the payment was punishment ordered by the court to be paid to the store. Good luck.

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Answered on 3/09/06, 10:54 am


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