Legal Question in Criminal Law in California

Minor First Offense Stealing

My now 18 year old son was caught stealing a $1.99 candy bar from a grocery store back in 1/09 he was 17 at the time. We hadn't heard anything about it until recently (4/09) he received a letter asking for over $300 and the letter also stated even by making payment they still can prosecute. My question is? How likely if we make full payment will they come back and prosecute him for the offense? Is there a way to get the amount reduced?


Asked on 4/22/09, 1:24 pm

1 Answer from Attorneys
Solomon Chang Law Office of Solomon Chang

Re: Minor First Offense Stealing

Good Afternoon:

It is unfortunate that such a small mistake can cause such anxiety & stress. It's even worse when a store tries to take advantage of the situation.

In California, petty theft is a violation of Penal Code section 484(a). Here in San Diego, the fine for a first time offense is about $593. This fine would only be imposed if (1) the city actually prosecutes your son and (2) your son pleads guilty to the charge.

If sounds like the letter you received is from the store itself. If that's the case, the $300 sounds like the store's way of bullying your son. Although they are certainly entitled to restitution, it'll be hard for them to prove restitution of $300, especially given the fact that they probably got their candy bar back.

In any case, I would recommend contacting a defense attorney to look over the letter and to see what's happening in the case. If you would like to discuss your situation further, feel free to contact me at http://www.SolomonChang.com.

Best Regards,

Solomon Chang

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Answered on 4/24/09, 3:02 pm


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