Legal Question in Criminal Law in California

penal code 490.5

My daughter (12) had been caught shoplifting and was told that in 30 days we would receive a letter. I receveid a letter stating that it was my 2nd letter (although I never received a 1st) and demanding that in 10 days I pay $625.00. My daughter tried to steal a $5 lip gloss. Is this ok that they want to charge me so much. At the store where it happened my daughter was told that it would be about $100. Also one of the girls involved with my daughter never received a letter and I told the attorney's office and they told me they never had her information. So only my daughter is going to be fined, is this fair, and can they only fine my daughter and not one of the other girls?


Asked on 1/13/08, 9:07 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: penal code 490.5

The letter does not refer to a fine. This is a charge by the store for the costs incurred by the store as a result of your daughter shoplifting. These fees are provided for by statute.

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Answered on 1/17/08, 10:48 pm
Terry A. Nelson Nelson & Lawless

Re: penal code 490.5

"Is it ok?" Sure. The store can ask anything they like. You should be advised that, even it she pays the price, it does not mean she won't be prosecuted for the crime.

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Answered on 1/14/08, 1:24 pm


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