Legal Question in Civil Litigation in California
California Penal Code Section 490.5
We are in receipt of a demand letter from an attorney regarding the taking of merchandise from a store. In bold face type on the letter was the following: The payment of any demand made upon you does not prevent criminal prosecution under a related criminal statute provision. Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability. Can you please explain what exactly this is saying?
2 Answers from Attorneys
Re: California Penal Code Section 490.5
What the letter means is that when the district attorney uses proof of your payment as evidence against you at your criminal trial, and you sputter, "But the lawyer for the store said it couldn't be admitted in court!" it will be pointed out that the lawyer only said it could not be used in a lawsuit -by his client-. The DA is not his client. You need to speak in person with a criminal defense attorney before doing or signing anything.
Re: California Penal Code Section 490.5
It means that giving the store the money it demands from you will not prevent you from being prosecuted.
It also means that, if the store brings a civil lawsuit against you, the fact that you paid up can't be used as evidence that you stole from it.
It does *not*, however, mean that this fact can't be used against you in a criminal case. If you repay the store and then are prosecuted, prosecutor will be able to use the payment as an admission that you stole from the store.
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