Legal Question in Criminal Law in California

unlawfully taken merchandise from the merchant's store

My brother is 30, he shorplift $5.00 milk from a supermarket. now a atterny give him a letter ask him to pay$400.00 to supermarket for damage. Also in that letter indicate the payment of any demand made upon you does not prevent criminal prosecution under a related criminal statute provision.

My question is if we paid $400. to store, the store will still do criminal prosecution under a related criminal statute provision. meaning they still will sue my brother? What may be the end resulte?


Asked on 11/16/08, 2:46 am

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: unlawfully taken merchandise from the merchant's store

I would advise your brother to pay the $400 if he can. It just might make the difference in the store's decision to press charges or not. If charges are filed nonetheless, the fact that he paid or is willing to pay is bound to score points with the prosecution and the judge to make a good resolution to the case more likely.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/17/08, 12:46 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: unlawfully taken merchandise from the merchant's store

I have some sympathy for anyone whose situation is sufficiently dire that they feel they have to steal milk from a store, but stealing is against the law, and your brother does owe the $400. The $400 is to compensate the store for their loss prevention expenses, it is thought that this is fairer than making the store's non-stealing customers bear these costs through higher prices. Probably when your brother is prosecuted and sentenced the judge will order him to pay the $400 as restitution.

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Answered on 11/16/08, 4:57 am


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