Legal Question in Criminal Law in California

shoplifting

I was caught by supermarket security guards for shoplfting items with total value less than $5. I signed a document admitting my guilt and was sent on my way. A month later I received a letter from an attorney claiming to represent the store that they wanted $200 or else they would instigate legal action and that pursuiant to CA code 490.5 (b) and (c) I could be liable for up to $500 in fines plus costs. The letter explicitly mentioned that payment of the $200 did not prevent further claims against me by the store. What should I do? Is this a scam? I'm 32 years old, have no criminal record, and truly regret my lapse in judgment (5 parts plain dumb, 2 parts drunk, 1 part broken heart). How do I resolve this situation as quickly as possible and without creating a record that will hurt me in the future (e.g., I'm applying to grad school this fall)? I'd rather do community service than pay a fine, but I mostly want this episode to be permanently concluded. Thanks.


Asked on 4/29/02, 5:52 pm

2 Answers from Attorneys
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: shoplifting

California Penal Code 490.5 (c) states as follows:

When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($ 50) nor more than five hundred dollars ($ 500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.

Your best bet is to make a concerted effort toward settling this matter in a manner that avoids any kind of record that could hurt your future relative to school, jobs, etc. Hopefully it can be settled out of court and without any criminal consequences. I would sincerely advise you to retain legal counsel so that an attorney can attempt to settle this matter for you. Unfortunately, the cost of this will exceed the amounts you will have to pay to the store for your conduct, but it looks like you are going to have to face the music on this and do your best to limit the damage caused by it. Feel free to contact me if you need assistance.

Best of luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

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Answered on 4/29/02, 9:38 pm
David Diamond Diamond & Associates

Re: shoplifting

Just because you signed something admitting guilt does not mean that they will not further prosecute you. You need to consult with an attorney so that a civil compromise can be entered so no further prosecution will be placed on you. Please contact my office at 310/277-1707 so that we may discuss your legal options.

Sincerely,

Lawrence Wolfm Esq.

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Answered on 4/30/02, 1:32 pm


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