Legal Question in Criminal Law in California

Re: Shoplifting restitution

Your willingness to make quick restitution might make a very significant difference. This does not necessarily mean that all charges will be dropped. Once a police report has been filed, the victim (the boutique in your case) does not have full control over what happens. It is up to the prosecution.

There are various options however. The prosecution might decide to file charges yet agree to some kind of resolution where you would not end up with a conviction. For example, they might allow you to take some classes at the end of which all charges would be dismissed. Restitution might help here, although, if the clothing items were returned it does not appear there is any restitution to be made.

Among the most important factors is whether you have prior record. Also, which LA courthouse is your case supposed to be in?

Feel free to contact me if you need additional information.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Shoplifting restitution

You can still be convicted, and the fact that you admitted the theft and paid for what you took can be used against you as proof of your guilt.

There is a procedure available in some cases called a civil compromise, in which a case is dismissed after the defendant compensates the victim. This must be done with prior approval of the court and of the prosecutor, however, and with the victim's prior agreement that the charges will be dropped once the money -- in an amount agreed upon by the parties, the prosecutor and the court -- is received.

One potential problem is that you have probably been charged with a felony rather than a misdemeanor. Offhand I don't know whether civil compromises are allowed in felony cases.

Even if this option is available to you, you should not try to make these arrangements on your own. It is quite likely that someone will refuse the permission you need. More importantly, if you try to do this on your own you will likely make the case against you stronger as I explained in my first paragraph. Get a lawyer to help you. If you can't afford to hire a private attorney, get a public defender.

Re: Shoplifting restitution

Typically, the store has you sign a statement i.e. "confession", takes your money as agreed, then turns the case over to the prosecutor, who charges and convicts you on your confession. Nice, eh? You should have had an attorney's advice before agreeing to anything, now you need one to make sure the 'deal' with the store prevents this from happening, or to defend you on the charges if brought. Feel free to contact me if serious about doing so.