Legal Question in Criminal Law in California

criminal law

I own a store. customer left w/out

paying for $100,00 item. was

detained for several hours by my

securtiy then arrested. We did get

merchandise back.

City atty did not file chgs allowing

person to take part in ''alternative

prosecution program'' as it was first

arrest/offense.

My store sent him a letter demanding

(or rather requesting $500.00 for our

expenses or we will proceed with law

suit against him.

We never heard back from him but

confirmed he got our demand letter.

Is this legal? or considered a threat?

(if he dosn't pay us said amt. we'll

proceed with our own criminal chgs.

Thank you.


Asked on 4/20/09, 12:45 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: criminal law

You cannot proceed with your own criminal charges. The city attorney in your jurisdiction is the only one that can do so. They've elected not to.

Your only recourse is a civil suit.

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Answered on 4/20/09, 2:13 pm
Terry A. Nelson Nelson & Lawless

Re: criminal law

You don't have any authority "to proceed with [y]our own criminal charges". Threatening to do so will get you charged with criminal extortion, and sued by your 'culprit'. Similarly, you should also be careful before threatening to file a civil suit, or demanding money you have questionable right to collect. For example, you suffered no direct loss, you got back the merchandise. Claims for your 'investigation' costs are your only basis, and are problematic. You need to pay an attorney or other expert to provide your company some training in what you can and can not do without risking civil and criminal liability for these kinds of things. Feel free to contact me if serious about doing so.

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Answered on 4/20/09, 4:44 pm


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