Legal Question in Civil Litigation in California

Re: Settlemennts in Petty Theft cases

You have dug yourself a hole. Your question suggests you did not first get a lawyer's advice, because no lawyer would have recommended your course of action. By your returning the merchandise and apologizing, she can now get up and testify that you admitted the crime. You now have a very high risk of being convicted of petty theft which will impair your ability to find employment for a long time if not forever. Maybe a lawyer can still help you. Consult one. These are serious charges, and in my opinion you are foolish to try and negotiate your own civil compromise.

Re: Settlemennts in Petty Theft cases

I agree with everything Mr. Stone says. Your case is a good example of why defendants need lawyers and should not try to resolve the case on their own.

What you are trying to do isn't even feasible. Cases like this do not "typically settle" for any amount of money, because you cannot reach a civil settlement of a criminal case. You might get a judgment that requires you to pay money as a fine instead of going to jail, but you would still be convicted and you would still have a record. Besides, if this is your first offense it is unlikely you would be jailed anyway.

The case is the state against you, and the shop owner isn't a party to it. She can't dismiss the charges against you even if she wants to. In some instances the prosecutor will drop charges if the victim requests, but this doesn't happen often. The prosecutor may be willing to make a more generous plea agreement with you if the victim asks him to give you a break, but you have already put him in a stronger position by admitting your crime, so even a reduced plea offer may end up being more harsh than it would have been if you had kept your mouth shut.

And by the way, offering the store owner money to drop the charges may be considered tampering with a witness, which is a much more serious charge than the petty theft count you are already facing.

If you don't already have a lawyer, get one *NOW* before you dig yourself any deeper into the hole you are already in. If you can't afford one you can have a public defender appointed for you. If you can afford a private attorney, get one right away. Trying to save money by doing this for yourself is a very serious mistake.

Re: Settlemennts in Petty Theft cases

As two other attorneys said...you cannot settle a criminal case through civil compromise. It is up to the state whether to prosecute you not the store owner.

Re: Settlemennts in Petty Theft cases

There is a provision in the penal code for a civil compromise in certain cases, PC sections 1377 and 1378.

Your approach was improper, as any civil compromise requires the approval of the court and the district attorney. Now that you have confessed to the criminal conduct you have little bargaining power.

The victim would be entitled to be paid for the loss of the property, the costs incurred to investigate the loss etc.