Shoplifting, Larceny, Robbery, Theft Shoplifting charge in California

[lishem3390]

I'm 18 and got caught taking $20 worth from urban outfitters. she took my ID, SS#, address, all contact information and told me i'd be receiving a letter telling me that i'd have to go to court. She also said I'll have thousands of dollars in fines/lawyer fees, that it'd go on my record and i'd never be hired in retail and anyone doing a background check on me would know (no cops showed up though so i didn't realize someone other than a police officer could do that?? correct me if i'm wrong) and yeah.

I was just wondering if anyone knows what will actually happen to me? If that will for sure go on my record, how much the fees will probably be, if i'll need a lawyer, how long until they contact me, etc. It's the first thing that's ever been "put on my record"-- besides one speeding ticket I have a completely clean slate.

So any advice or comments would help me greatly. Thanks

 

[PJ_Weber]

and told me i'd be receiving a letter telling me that i'd have to go to court.

Unlikely

She also said I'll have thousands of dollars in fines/lawyer fees

A civil demand is more likely for up to $500, this is legal, pay it

that it'd go on my record and i'd never be hired in retail

If they subscribe to the National Retailers Database you will be on file
there as a shoplifter, potential employers (in retail) who subscribe can
see this info

anyone doing a background check on me would know

Unlikely . . . since the PD is not involved there are no criminal charges

how long until they contact me

A week to two months

 

[jacksgal]

Quote:
and told me i'd be receiving a letter telling me that i'd have to go to court.

Unlikely
Wrong PJ! You dont know this. The store has until statute of limitations runs out file criminal charges. Whether they do or not we cannot speculate

Quote:
She also said I'll have thousands of dollars in fines/lawyer fees

A civil demand is more likely for up to $500, this is legal, pay it
Sorry PJ hes talking Attorney fees and fines not Civil Demand

Quote:
that it'd go on my record and i'd never be hired in retail

If they subscribe to the National Retailers Database you will be on file
there as a shoplifter, potential employers (in retail) who subscribe can
see this info
Correct

Quote:
anyone doing a background check on me would know

Unlikely . . . since the PD is not involved there are no criminal charges
However the store suggested they were filing charges so a conviction, if he goes to court and is found guilty, will show up

Quote:
how long until they contact me

A week to two months
PJ again your assuming they are talking Civil Demand. Could be days weeks even months for that. Far as criminal charges anytime with the SOL

 

[CdwJava]

In the interest of full disclosure, I have to say that in all my years of law enforcement I have NEVER heard of a retailer reporting a theft without first calling the police when the shoplifter was in their custody. Only if the police could not immediately respond or the matter involved internal theft or something more complex have I ever seen that. In the case of a simple shoplifting, I would be amazed if the police ever receive a call after the fact.

I think the loss prevention person was trying to put the scare of God in the OP with regards to thousands of dollars and a criminal record.

- Carl

 

[jacksgal]

According to my husband, who knows better than I. It happens more often than one thinks especially in non mall stores who might not have a sub station nearby like many Malls do. Stores like Walmart, Target etc have to wait for Police arrival which can be hours! Its easier to file the charges later by taking report and info to station a few days later

 

[CdwJava]

It must be a local thing. I've never heard of it happening, but that doesn't mean it never happens. Having worked investigations in a major city and now supervising this unit in my not-so-large city, we have never received such a late report (unless the response time had been delayed or there was some other extenuating circumstance).

Frankly, where I used to work, we wouldn't have had the time to deal with it. If there was not enough to direct file to the DA, we would declare it inactive or put it on the back, back, BACK burner unless it was a felony. For $20, if it couldn't be direct filed (as presented) then it wouldn't likely receive any follow up.

- Carl

 

[jacksgal]

The way hubby explains it LP cannot sit on a subect for two or more hour waiting for Police. In non Mall stores or Malls without Police substations such is the case at least down south. So many Police reports are filed next day or within few days. Here in our city that I know your familar with a Lp from Mervyn's waited 6 hours for Police arrival! He had opted to wait because subject had no ID or the LP, whom my hubby knows, felt him a parolee and had gave false info. Turned out he wasnt a parolee but he had gave false info. Long story short, at least south of you it happens fairly often that reports are filed later.

 

[CdwJava]

Well, you don't get much further south than San Diego and I never heard of late "after the fact" reports there, either. Only when the officers were delayed was such a report usually pursued, and usually that same day/night when the officers finally arrived. And, as I said, unless there was sufficient detail to direct file with the DA, the petty theft reports were usually made inactive due to time constraints.

I don't doubt that these late reports DO occur, I just suspect the practice is regional and that they are not regularly pursued even if they are reported. Most large agencies just do not have the resources or manpower to regularly pursue minor petty theft cases.

Where I work now, we WOULD pursue them even for a petty theft as we have a low level of crime. But, we have never gotten any "after the fact" reports from either the chain stores or the independents. At least none that rose above the, "By the way, there's this guy you might want to keep an eye on ..." reports.

- Carl

 

[lishem3390]

Quote:
She also said I'll have thousands of dollars in fines/lawyer fees

A civil demand is more likely for up to $500, this is legal, pay it
Sorry PJ hes talking Attorney fees and fines not Civil Demand


they gave me a sheet entitled "civil demand customer notice", I really am clueless on what the difference between any of this is, but I'd assume that means I'm getting civil demand charges? How does that change/affect my situation at all?

 

[jacksgal]

Civil Demand is a "Civil" action not criminal and seperate from your criminal case. If found or you plead guilty you will have a court fine, normally under $500.00. The Civil Demand will come no matter what the amount will not exceed $500.00

 

[jacksgal]

California Penal Code, Sec. 490.5(b)



(b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.

The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

 

[lishem3390]

California Penal Code, Sec. 490.5(b)



(b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.

The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

Sorry for being so clueless, but thanks so much for your responses. How is this relevant for me being as I am not a minor? I just turned 18 this past May. Unless I may have overlooked something in the section..

 

[CdwJava]

Then we just look down one subsection further:

(c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of such
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.​

- carl

 

[PJ_Weber]

If i erred . . . Mea Culpa

It sounded like the LP was blowing smoke, making it worse than it was

Sounded like the remedy would be a CD

It doesn't seem worth the trouble (other than a CD) for the $20
item taken

Where I live the PD show up at the Wal-Mart rather quick,
saw one yesterday . . . from the time of LP apprehsion to PD
arrival was less than seven minutes . . . I watched it from
the checkout lines