Legal Question in Criminal Law in California

I went to court today regarding a petty theft charge which I was relieved I didn't have to pay anything or do jail time. it was my first offense. the attorney for the dept store is asking for $250. they got their merchandise back they aren't out anything so why do I have to pay?


Asked on 4/16/12, 3:39 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

The thing you're asking about is a civil demand letter. The law allows them to "demand" up to $500 from you in a shoplifting incident. If you pay, it means they won't sue you. If you ignore their letter, they have to make a choice - actually file a lawsuit against you (they almost never do) or let it go.

Because their actual damages are zero for the reasons you stated, they will more than likely let it go. If you choose to ignore their letters, do just that - ignore them completely. Don't negotiate with them, don't try to settle for less - either pay them and make them go away or sit back and do nothing and they'll eventually go away.

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Answered on 4/16/12, 3:43 pm


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