Is there anyway that I can reduce the civil demand due to shoplifting, and will it stay on my record? 10 Answers as of February 16, 2012
I was recently caught shoplifting in a department store in California. I am 15 years old. Any advice on what I should do in court? Also, the department store gave me a $425 civil demand fee I have to pay within 5 days. I just would like a advice if there is any on how to receive lesser charge or fee. Also will this stay on my record?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of Peter F. Goldscheider | Peter Goldscheider
The civil demand fee is separate and apart from the criminal charge. Since a theft conviction is detrimental to your record in many respects, you might want to retain an attorney now to attempt to negotiate with the store as to both a settlement of the civil demand a civil compromise of the criminal charge. The store might not do that as many have a practice of strictly prosecuting shoplifting cases. In any event the civil demand is subject to negotiations and you can attempt that either by yourself or through an attorney.
Answer Applies to: California
Replied: 2/16/2012
Attorney at Law | Dorinda Ohnstad
The civil demand fee has nothing to do with criminal actions. In criminal proceeding the court will make you pay restitution (unless the property was returned unopened/intact). I usualy advice clients to pay the resitution as required through the criminal proceeding, but to ignore the civil demand. The store can if they want bring suit to get a judgment for the civil fee, but can't collect it (unless you voluntarily pay) without judgment.
Answer Applies to: California
Replied: 2/15/2012
Law Offices of George Woodworth & Associates | George Woodworth
You could contact the store to see if they would settle the civil claim for less. You will probably need a good Attorney to get a lesser charge in Court. Get one familiar with that particular area and D.A. for your best chance at this.
Answer Applies to: California
Replied: 2/15/2012
Dennis Roberts, a P.C. | Dennis Roberts
Not on your record as you are a juvi and when you turn 18 it goes away. You can tell the store you are 15, in school and no money. Then offer them $100 which you tell them you borrowed from mom and thta's all she has - take it or leave it. Get a receipt which says debt paid in full.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Jeff Yeh | Jeff Yeh
First of all, the civil demand letter has nothing to do with the criminal case in court. Don't get tricked into thinking if you pay up somehow the criminal charge(s) will be lessened. Second, the record will only be relevant until you reach 18, at which time everything gets sealed. Consider yourself lucky.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Eric Sterkenburg | Eric Sterkenburg
You will be attending Juvenile Court. At juvenile Court you have the right to be represented by an attorney. Get an attorney! If you cannot afford to hire one, request the court appointed one. You will appear in court with at least one of your parents. Listen to your attorney and then decide what to do. This shoplifting will be on your record until you are 18. As a juvenile you may have your record sealed and then destroyed after you turn 18 and have completed all the requirements of the juvenile court. This is not done automatically you will have to petition for this to be done.
Answer Applies to: California
Replied: 2/15/2012
The Law Offices of Gabriel Dorman | Gabriel Dorman
First, if you are convicted of a theft related offense it will not only stay on your record but it will most certainly disqualify you from current and/or future employment opportunities and the denial of most professional licenses. As such, it is of the utmost importance to try and avoid a conviction. The best way to accomplish this is to immediately hire an experienced criminal defense lawyer to represent you. As for the civil demand, it has nothing to do with whether you will be prosecuted for petty theft. It is nothing more than an attempt to get money out of you. If you get a civil demand letter, you don't have to pay it. I have never heard of them coming after someone or seeking a judgment for not paying the civil demand.
Answer Applies to: California
Replied: 2/15/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Go to court. Ask for an attorney. As to the civil demand, if the store got bac the merchandise in an undamaged condition, I would ignore the demand. Bt show the letter to the attorney. In California, there is such a thing as a civil compromise, you attorney may be able to use such a provision to avoid further prosecution.
Answer Applies to: California
Replied: 2/15/2012
Rizio & Nelson | John W. Bussman
DO NOT PAY THE "CIVIL DEMAND". You have no legal obligation to do so. Those letters are pure extortion. I know it looks official and intimidating, but you should definitely not pay it. If they want to sue you, let them spend thousands on a lawyer. Make them come into civil court and prove their damages. There is no way in hell that they can prove $425 in damages related to a simple shoplifting, and they're not going to waste their time / money trying. The most important thing you can do is SHOW UP FOR YOUR COURT DATE. When you show up, the public defender will explain your options to you. You're probably eligible for some form of diversion (you take a class, learn that shoplifting is bad, and the whole thing goes away like it never happened).
Answer Applies to: California
Replied: 2/15/2012
Hammerschmidt Broughton Law | Mark A. Broughton
Just take that civil demand and throw it away. You do not need to pay it. Any amount owing to them will be ordered by the court (if charges are filed, and if you are convicted) as restitution. If there was no loss, then there was no loss. Stores try to scare people into paying them, and there is a code section that allows for them to do this. Particularly since you are only 15, you do not need to worry about it. But you would be well advised not to go into that same store again, and of course, don't take anything from a store that you haven't paid for!
Answer Applies to: California
Replied: 2/15/2012










