Is a Civil Demand Letter Extortion

[lenwardus]

My question involves criminal law for the state of: California

Was detained for 484 petty theft. Refused to sign trespass advisement/
civil demand. Was arrested, field released, subsequently acquitted
at trial.

Received in US mail a Letter of Civil Demand from merchant:

You should be aware that these damages are allowed by law as a CIVIL action and to not take the place of any criminal prosecution that may be imposed by local authorities. Your payment now will prevent us from filing criminal charges.

It appears as though this violates CA penal code 519 and also US Code Title 18 #876 (d) " Mailing threatening communication ". EXTORTION

Law does not permit the use of extortion as a means of collecting debt. Gomez v Garcia(9th Cir. 1996) 81 F .3d 95, 97.

Please advise if I should pursue a criminal complaint?

[BOR]

You should be aware that these damages are allowed by law as a CIVIL action and to not take the place of any criminal prosecution that may be imposed by local authorities. Your payment now will prevent us from filing criminal charges.

Why would you get a letter saying this after aquittal? You mean you got one before trial. Right!!


Most states have civil demand laws, they are constitutional. If you deem them extortion, so be it, but legally, no!!

[lenwardus]

Why would you get a letter saying this after aquittal? You mean you got one before trial. Right!!


Most states have civil demand laws, they are constitutional. If you deem them extortion, so be it, but legally, no!!

NO, after the trial was completed and acquitted by a judge for lack of evidence. Civil Demands are in and of themselves legal in all states.

However, threatening criminal prosecution...if a money demand is not met.

That seems like clear cut ...extortion.

[cyjeff]

NO, after the trial was completed and acquitted by a judge for lack of evidence. Civil Demands are in and of themselves legal in all states.

However, threatening criminal prosecution...if a money demand is not met.

That seems like clear cut ...extortion.

then you don't understand the definition.

The burden of proof in civil court is much less than in criminal.

You can take the risk that you will win in civil.

[lenwardus]

It is ethical and lawful to threaten to bring a civil action.

Never, however, threaten to bring a criminal prosecution or to defame a person. The criminal case belongs to the district attorney or city prosecutor, not to the victim. Unless you are with the prosecutor's office (prosecutors may ask defendants to make restitution as part of a plea bargain), never, ever offer to compromise a criminal matter in return for money damages or as part of the settlement of a civil claim. To do so is not only unethical, it constitutes the crime of extortion(regardless of whether you are representing the victim or the defendant), and if the offer is telephoned interstate or sent via the mails it also constitutes the federal felony of blackmail.

[BOR]

NO, after the trial was completed and acquitted by a judge for lack of evidence. Civil Demands are in and of themselves legal in all states.

However, threatening criminal prosecution...if a money demand is not met.

That seems like clear cut ...extortion.

The letter means nothing then as the criminal trial is over, it should have been sent before, but that is due to a clerical error.

Let's say it was sent before, it is not extortion, as the law permits them to "demand" of you civilly "restitution". Do know the legal meaning of this??

Let's assume there were no civil deman laws in place, to demand such then would be exortion or such probably.

Then again, in my state under the heading/catchphrase of Compounding a crime, it is an affirmitive defense to a charge such as extortion to do so IF you throw out a reasonable figure of "restitution" to forego criminal charges.

In other words, I assault you. You say to me if I pay you X $$ as compensation/restitution, you will not file criminal charges, this is legal, as long as the demand is reasonable, say X amount for pain and suffering, etc.

Here is my Compounding a crime law. My example of assault was wrong, as it is not one of the crimes listed, but theft is:

http://codes.ohio.gov/orc/2921.21

[Mr. Knowitall]

A more typical letter would state the opposite - that payment will have no effect on any criminal prosecution. It would be unwise for a merchant to suggest otherwise.

Please post a scan.

[lenwardus]

Then again, in my state under the heading/catchphrase of Compounding a crime, it is an affirmitive defense to a charge such as extortion to do so IF you throw out a reasonable figure of "restitution" to forego criminal charges.http://codes.ohio.gov/orc/2921.21

I suppose in your state its legal for the LP to tell the perp if you pay me $300
for that 99 cent soda you stole, I won't call the Police and have you arrested for theft.

[Ant29]

Every state issues a civil demand letter! Just pay for it and the store won't have to file criminal charges against you for failing to pay. Ai yai yai!

[lenwardus]

Civil demand statutes very from state to state.

I have yet to find in CA Penal Code 490.50 that merchants are allowed
to threaten criminal prosecution if a money demand is not met.

A more typical letter would state the opposite - that payment will have no effect on any criminal prosecution. It would be unwise for a merchant to suggest otherwise.

Please post a scan.

Unwise meaning illegal?