Court Summons Received After Paying Civil Demand
My question involves criminal law for the state of: California
I recently committed a petty theft in a Walmart store with my friend with merchandises worth about $160. I paid my damage fee and a letter was sent to me saying I was released from all civil charges. Today, I received a letter from a local court saying I must show up to pledge guilty or not guilty. What are my options on court date? Can I pledge not guilty in court?
Thank you
Re: Court Summons Received After Paying Civil Demand
A civil demand relates, as you note, to civil charges. Your summons to criminal court is a criminal, not a civil matter. As the civil demand almost certainly instructed you, your payment of the demand has no impact on any criminal prosecution.
Read the threads stickied at the top of the forum and, if you still have questions, follow up with those questions.
Re: Court Summons Received After Paying Civil Demand
Thanks for the reply. I read the stickied threads bubt I just wanted to double check. I have another question. My friend was caught with me, but he did not do anything except for looking at me committing the crime. Would there be any chance for him to pledge not guilty in court? Also, the court summon has only my name. Does that mean he will need to show up on another date? Or will he receive a notice to show up on the same day in a couple of days?
Re: Court Summons Received After Paying Civil Demand
Everybody has the option of pleading not guilty. The question is whether he would actually be found not guilty. Frankly, if he accompanied you and watched you commit the crime, he might very well be considered an accomplice. If he gets charged, he needs a lawyer. You need one.
Re: Court Summons Received After Paying Civil Demand
He will likely get a court summons, also. It may or may not be the same day as your court date.
Even though he just watched you shoplift, that does make him an accomplice, as he knew you were shoplifting (better option for him would to have walk away, reported it to the nearest employee; or be yelling at you to Stop Stealing, create a scene). LP would have busted you, but not your friend, in that case.
PS...you realize that your friend is in trouble, too? Your friend will have a criminal record because he was with you while you were shoplifting.....those fines you get? Your friend will get the same. And that Civil Demand you got? Your friend will have one also. Basically, your friend loses all that money, and gets a criminal record out of being the friend who was with you when you shoplifted. I wonder if you will be a friend and apologize for the trouble, and pay him back all the money he has lost?
Re: Court Summons Received After Paying Civil Demand
Thank for the replies. I appreciate all the responds. I have learned my lessons I understood all of the consequences. I pleaded guilty in court without any further questions. I really own him an apology because he stayed with me instead of choosing to walk away at the date of the arrest. I am hoping his charges will be less than mine. Thank you all for providing me the info.
Re: Court Summons Received After Paying Civil Demand
Were the police called and di dthey take down his name as well?
Re: Court Summons Received After Paying Civil Demand
I play the role of your friend in my scenario. The whole thing happened about a week ago, and I called the number wal mart gave me to call, but they still have none of my info. really I just want to get this over with! It was a $40 item, do you know how the civil demand amount is calculated?