Legal Question in Criminal Law in California
Hello. My daughter 16 and her friend were caught shoplifting at a major cosmetic store. My Daughter stated that her friend had her purse and that she put the items inside. Video shows her friend taking items from the store but nothing shows my daughter taking anything but since the items were in my daughters purse....they both get arrested and taken to police station.
My daughter gets a notice to appear and a misdemeanor under the violation code: 490.1 (a) PC-Petty Theft and the Misdemeanor is circled on the ticket. The value of the eyeliners were under $60.00. This is her first arrest. She was released to us.
Her friend on the other hand had many goods in her purse values over $400 and was taken to another division and was fingerprinted etc...I don't know what she was cited with.
Of course my daughter is not allowed to have any relations with this friend any longer and she has been grounded and she has been doing community service at a local food bank. This is a teenager that has everything and does not need to steal....of course we have trust issues now etc. but beside the disappointment our concern now is how this will affect her future.
What can I expect from the court date. What is the penalty and fines and how can I keep this off her record. She will be going to university after high school. Can we speak to the DA's office to see if she can do something in lieu of having a record? Any assistance appreciated.
Also I received a settlement offer from Palmer, Reifler & Assocaites, P.A. in Orlando, Florida for statutory civil damages claim and to pay $560.50 withing 20 days. Is this a legitimate company and do I need to pay this fine? Or should I speak with the store?
Thank you.
4 Answers from Attorneys
I have done juvenile law for about 25 years. She should not plead to anything without first speaking with a qualified attorney. And Juvenile law is different in many respects from adult criminal law. Most attorneys, such as myself, offer FREE consultations, so you have nothing to lose. There are several alternatives to a conviction on these charges. In some jurisdictions , they have an informal diversion program that may be appropriate for your daughter. There is also a similiar thing, if the case gets filed. The sooner you seek counsel, the better. I would be more than happy to speak to you over the phone and give you advise. Call me at 661-2671313. After hours we have a 24 hour answering service which will contact me, if you call anytime other than Monday thru Friday from 8:30 am to 5:30 pm. I look forward to speaking with you. David Wallin
Even if you pay the 'fine', the store can, and probably will, prosecute and file charges. That is the normal policy of many stores. �What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. If you haven�t yet been arrested, your attorney may be able to negotiate a civil compromise agreement with the store that will avoid you being prosecuted. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
First piece of good news: Since she's under 18, she will be dealt with in the juvenile court. The focus there is rehabilitation, not punishment. As a first offender, she should be able to take advantage of a diversion type program. The other good thing is that she can petition to seal her juvenile records in the future.
Regarding the letter from Palmer, Reifler and Associates: That is a "civil demand" letter that is authorized under California law, but they are generally regarded as a scam. They send letters demanding hundreds of dollars and hope that people will pay out of fear, shame or erroneously thinking it will make the criminal case go away. It is completely separate from any criminal prosecution, so paying it won't make the criminal case go away, nor will not paying it make the criminal case worse.
If you ignore that letter (and the general consensus is to do just that), they will probably send 2 or 3 more letters with increasing amounts and trying to instill more fear. If you continue to ignore them, the store has to make a decision - file a small claims action (they almost never do) or let it go (which is what they almost always do). Why? It's just not worth their time to pursue such a small amount.
No, do not approach the DA's office. They cannot and will not speak with you about this. Your daughter needs representation by an attorney - either one you hire or the public defender. The community service will certainly help put her in a position for a good outcome, but she absolutely needs an attorney.
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