Caught Shoplifting Alcohol, 18

[clash11]

My question involves criminal law for the state of: California
I was caught at Safeway with two bottles of alcohol, under $30. The security guard said I could be charged up to $500 for each bottle. Every law I have read states they can only charge up to $500. I also have a court date. How much do you think I will be charged total? I have a clean record and this is my first offense.

[flyingron]

$500 (total) plus costs plus the cost of the merchandise if they didn't get it back in a saleable condition.

That's all in addition the the fine/probation/court costs/legal fees you will incur in the criminal court.

[clash11]

the merchandise was completely intact when they took it back, is there a possibility that I can come to a settlement with Safeway at say 300$? I'm also wondering, instead of fines could I ask for community service?

[flyingron]

You can ask, but it's almost certain that they will not reduce the civil demand.

You (or better yet, your lawyer) can ask for reduced fines. Generally, you'll have to pay the costs no matter what, but they can arrange payment plans. The old days of 50 days or $50 are gone, they aren't going to jail you if you can't afford to pay the fine (if you make arrangments rather than just blowing it off).

[clash11]

Alright thanks, my friend was also in this situation and he had to take classes or something, and write an essay. I'm a full time student and I can't really afford it.

I just read this thing about diversion courses. How do I get this instead of a charge, should I plea guilty at my arraignment?

[PandorasBox]

Aside from the Civil Demand, court costs, fines....you may be ordered into an alcohol ed program, and yes, that will cost money, too.

Diversion - you plead not guilty then ask for a public defender. Diversion is not available everywhere. And it does cost money (Community Service, or that alcohol ed program - plan $400 minimum)

[clash11]

so if i get diversion courses, do i still have to pay the civil demand?

[flyingron]

The civil recovery is completely independent of your criminal diversion.

[PandorasBox]

Yep.

Once case is criminal.

The other is Civil. This recoups the costs of surveillance, cameras, recording devices, the time to surveil and detain you.......

[cdwjava]

the merchandise was completely intact when they took it back, is there a possibility that I can come to a settlement with Safeway at say 300$? I'm also wondering, instead of fines could I ask for community service?

The business can assess up to $500 as part of a civil demand. This is paid directly to them, and they won't take community service in exchange.

If you go to trial and are convicted or plead no contest, you will face fines and probation, and maybe jail time, but community service might be available to mitigate some of the fines in that case.