Legal Question in Criminal Law in California
juvenile shoplifting - odd one
My friend stole like 5 cds from a retail store in california. My friend gave back the cds willingly and was charged with petty theft (hes a minor). now the retail store wants him to pay them 2000 bucks to not prosecute him. Can he fight this since he gave back the stuff?
4 Answers from Attorneys
Re: juvenile shoplifting - odd one
You say your friend was charged, so are they moving forward? The store can either continue to prosecute or drop the case. They can't extort money from him under threat of legal action. He gave restitution by returning the cds. That is all the store can get.
Re: juvenile shoplifting - odd one
Sure, he can fight it. It would be worth him paying an attorney for a couple hours, rather than get arrested. Have him contact me if interested in doing so.
Re: juvenile shoplifting - odd one
I would need more details before I could offer any guidance, but it sounds like the store is trying to extort money from your son. Another possibility is that the store wants him to make a civil compromise of the criminal case, but I don't see how this theft would justify compromising for $2,000. If I had more facts I might understand the store's position better.
Re: juvenile shoplifting - odd one
when he took the cd's out of the store without paying for he may have committed a theft. Returning the cd's did not undo theft. The store can demand the payment of its costs incurred as a result of the theft. In the cases I have seen the amount demanded is $250 or there about. A demand for $2,000 would seem excessive. If payment of that amount was for the purpose of requesting that the da not proceed with the prosecuting the case, it could be an illegal act. Your friend should consult with an attorney regarding his defenses and the demand for $2,000.