Legal Question in Criminal Law in California

A friend of mine got caught trying to shoplift in a major department store. The security who caught him asked him to sign some paper to acknowledge that he actually did it. And they said that they will send a letter to my friend about how much is the fine that he needs to pay on top of the damaged product (value $50), and they also said that there won't be any law enforcement related, just their internal security.

A couple weeks, my friend did receive the letter from a law office, demanding for $400 for fine and damaged product. However, in the letter there is this IMPORTANT NOTE that said:

The payment of any demand made upon you does not prevent criminal prosecution under a related criminal statute provision. Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability. You might want to seek the advice of counsel regarding this.

Will they bring any charges to him as to what it said in this scary message? What should my friend do?

Please help,

Neon


Asked on 1/13/10, 12:19 am

2 Answers from Attorneys
Mark Muntean Mark Muntean, Attorney at Law

I know it is expensive but your friend needs to hire a lawyer. Your friend should not have signed the document at the store. Since he was force under threat of prosecution to give testimony against himself, the document can be challenged, but he needs a lawyer to stand up for him.

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Answered on 1/18/10, 9:07 am
Terry A. Nelson Nelson & Lawless

He faces potential criminal charges regardless of 'settlement' with the store. He needs to hire an attorney before saying or doing anything. If he is serious about doing so, feel free to have him contact me.

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Answered on 1/18/10, 10:29 am


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