Paid Civil Demand Letter, What Happens Next

My question involves criminal law for the state of: California

Hi, I got caught shoplifting, no police were called, and the LP said it wouldn't go in my criminal record, but that I had to appear in court. I got a Civil Demand letter for $300 and paid it on time about 3 weeks ago. I sent it with delivery confirmation so I'm certain they received it.

I'd like to know how long they can take to send a release? Also, when can I expect to get a summons to court? This incident happened during late February. I've been thinking about it ever since, and I feel terrible about the whole thing. Please help :(

Court means you will have a criminal record. You will want to plead Not Guilty and ask for a public defender (unless you can afford a Criminal Defense Attorney).

They usually do not mail you a release, so hold onto your payment record and delivery confirmation. Do take that to court to show the judge you paid the Civil Demand.

It can take a while to get the court summons - it depends on how busy the court is.

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Quoting PandorasBox

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Court means you will have a criminal record. You will want to plead Not Guilty and ask for a public defender (unless you can afford a Criminal Defense Attorney).

They usually do not mail you a release, so hold onto your payment record and delivery confirmation. Do take that to court to show the judge you paid the Civil Demand.

It can take a while to get the court summons - it depends on how busy the court is.

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How much would a PD cost? Isn't there some type of pretrial program I can take? This is my first offense. Thanks a lot for your help.

If you cannot afford a lawyer, ask for a PD. That will depend on your finances. A PD will still cost you a few hundred.

Pretrial Diversion; First Time Offenders Programs; Pronation; Community Service...they all cost you money as they are PRIVILEGES. So if you get a PreTrial Deversion program that includes community service...$400 is a good estimate.

What are you people talking about?

Why would there be a summons to court? For what?

No police were called. There is no police report. There is no determination by the SA/DA to press charges.
Hello people. There are no criminal charges. No store is going to try to press charges when they didn't call the police and already collected on the civil demand.

The store got the merchandise back and got the civil demand paid. They can not sue on top of it.

It is a civil matter, it never went criminal. The store decided to handle it as a civil matter which is much more profitable for them. Civil demands are a profit center, criminal prosecutions are not.

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Quoting PandorasBox

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If you cannot afford a lawyer, ask for a PD. That will depend on your finances. A PD will still cost you a few hundred.

Pretrial Diversion; First Time Offenders Programs; Pronation; Community Service...they all cost you money as they are PRIVILEGES. So if you get a PreTrial Deversion program that includes community service...$400 is a good estimate.

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I'll try looking into those pretrial programs, if not I'll definitely get a PD. Thanks a lot for your advice, I really appreciate it.

atrocite how do you know you will have to go to court? did you get a court summons yet?
It sounds like if no police were called you might not get one!
I doubt you will need a lawyer before you get a summons

Jenya....if you read the OP's first post it says "but that I had to appear in court."

However, if he had to appear in court, the authorities would have to get involved in SOME fashion. How would the CA or DA know to GET involved any other way?

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Quoting Jenya81

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atrocite how do you know you will have to go to court? did you get a court summons yet?
It sounds like if no police were called you might not get one!
I doubt you will need a lawyer before you get a summons

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I haven't gotten a summons yet, but I'm waiting for one. The LP was training 2 other people when I got caught and he was telling them, there's an alternative to calling the police when they don't have identification on them, but by protocol you do need to call them to verify their identity, then he said I'm going to go ahead and be a nice guy and just ask her to call her parents to identify herself. Then he told me that I should see this as a reflection, because next time I would get arrested. Then I signed a paper admitting I shoplifted, and asked what he was going to do with it, he said he had to fax it to their law firm. Then I signed another paper saying I was banned from that Rite Aid location, but that I could still visit the others.

I asked what happens after this? He said you have to take your pink slip to court and your going to get a "ticket" (civil demand letter) in the mail so pay it. But the pink slip only states my info, store's info, and the item I stole. I called the store and they told me I have to wait for a summons to court in the mail, and that the pink slip is only for records it's not a summons.

I'm really confused about this whole thing. But I want to be prepared just in case I do wind up getting a summons in the mail. I heard they have about a year to take me to court...

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Quoting PandorasBox

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Jenya....if you read the OP's first post it says "but that I had to appear in court."

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The LP said I had to take my pink slip to court, but when I called the store they told me that pink slip he gave me was only for records and that I'd have to wait for the summons in the mail.

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Quoting CourtClerk

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However, if he had to appear in court, the authorities would have to get involved in SOME fashion. How would the CA or DA know to GET involved any other way?

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I'm a she by the way. I've read about other people who also had no police involved, payed the civil demand, and still ended up getting a summons to court. I think after you pay the civil demand they can't sue you for damages, but they can still take you to court for criminal charges.

They have a right to notify the police afterwards then right? I heard they have up to a year to do that. I'm just going to be left guessing until a year passes.

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Quoting atrocite

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They have a right to notify the police afterwards then right? I heard they have up to a year to do that. I'm just going to be left guessing until a year passes.

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That is true...but why would they want to do this if they already got everything they can from you. Why would they want to waist their time and $ on taking you to court!

You're kidding, right?

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Quoting Jenya81

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That is true...but why would they want to do this if they already got everything they can from you.

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How about because a crime was committed? Or it's their job to do so? Or it's the right thing to do so junior/juniorette can learn a hard life lesson and maybe straighten out? Or because the person is habitual offender?

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Quoting Jenya81

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Why would they want to waist their time and $ on taking you to court!

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It's waste, not waist. They are not wasting their time or money. Most shoplifting cases cost a retailer no more than a few hours of payroll and maybe a few bucks for milage for the LP agent(s) to go to court and testify. Many times it doesn't even get that far. If LP shows up, many a defense lawyer will cave and go running to the DA for a deal. It only gets expensive if it a complex case like ORC or a shoplifter really wants to avoid a conviction, both of which can require a lot more time in court.

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Quoting Jenya81

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That is true...but why would they want to do this if they already got everything they can from you. Why would they want to waist their time and $ on taking you to court!

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Just so I can be charged as a criminal. Even though the LP said it wouldn't go in my criminal record, it doesn't make any sense. :confused:

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Quoting cbg

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You're kidding, right?

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kidding about what cbg?

I was asking Jenya if she was kidding about the civil demand being all they wanted. What they want is for people to stop stealing, and a civil demand is not necessarily going to do that. A crime was committed - why shouldn't the offender have a criminal record for it? What incentive does the store have to let the offender off? They lose a lot more in thefts than they do in court time and costs.

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Quoting free9man

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How about because a crime was committed? Or it's their job to do so? Or it's the right thing to do so junior/juniorette can learn a hard life lesson and maybe straighten out? Or because the person is habitual offender?

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Please don't call me a juniorette (not sure if that's a real word) it's not necessary to prove your point, besides I'm 22. I've learned my lesson, paid $300 in damages, and understand I can be charged criminally. We all make stupid decisions sometimes. The LP told me not to feel bad since he could tell I wasn't a horrible person, he told me to just learn from this experience, and never do it again. That's exactly what I'm doing.

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Quoting atrocite

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Please don't call me a juniorette (not sure if that's a real word) it's not necessary to prove your point, besides I'm 22. I've learned my lesson, paid $300 in damages, and understand I can be charged criminally. We all make stupid decisions sometimes. The LP told me not to feel bad since he could tell I wasn't a horrible person, he told me to just learn from this experience, and never do it again. That's exactly what I'm doing.

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Oy. I was not responding to you. I was not calling you specifically a juniorette. I was generalizing my reference for all the kids/young adults, male and female, who might be straigtened out by having charges pressed.

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Quoting cbg

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I was asking Jenya if she was kidding about the civil demand being all they wanted. What they want is for people to stop stealing, and a civil demand is not necessarily going to do that. A crime was committed - why shouldn't the offender have a criminal record for it? What incentive does the store have to let the offender off? They lose a lot more in thefts than they do in court time and costs.

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I think she was talking particularly about my case, since the LP did say it wouldn't go in my criminal record, and I all ready payed for the civil demand so their actually gaining from this theft. If they had taken me to court and sued me for damages, they would've never gotten $300 out of me because they have to prove to the judge how they came up with that figure in the first place. Now if they want to charge me criminally then that's another story. I can always plead not guilty and ask for a public defender to work out something with the judge and give me a lighter charge like disorderly person. So either way, the store gets their money, but theft is not added to my criminal record, or so I've been told by some lawyers in avvo.com

I don't know if it has any relevance but the item was makeup retailing at $9.99. I heard most times they won't charge you criminally if it's a small item, no police are called on the spot, and you pay the civil demand. I don't know if this is true, but I'm hoping it is.

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Quoting atrocite

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I think she was talking particularly about my case, since the LP did say it wouldn't go in my criminal record, and I all ready payed for the civil demand so their actually gaining from this theft.

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Eh, not really. There is no profit in CD. What doesn't cover payroll and merchandise damaged goes to maintenance/upgrade of theft deterrent/detection equipment. And there isn't a whole lot for that.

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Quoting atrocite

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If they had taken me to court and sued me for damages, they would've never gotten $300 out of me because they have to prove to the judge how they came up with that figure in the first place.

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So long as it is within the state's CD guidelines, you're pretty much screwed. Even if they did get less than that, you would be out hundreds if not thousands in legal fees for your defense.

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Quoting atrocite

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Now if they want to charge me criminally then that's another story. I can always plead not guilty and ask for a public defender to work out something with the judge and give me a lighter charge like disorderly person. So either way, the store gets their money, but theft is not added to my criminal record, or so I've been told by some lawyers in avvo.com

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The lawyers would be quite wrong. You don't negotiate with the judge, you negotiate with the prosecutor. The prosecutor is NOT required to deal. They can go all the way if they want. And you will be out lots and lots of money in fines, court fees, PD fees, etc...

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Quoting atrocite

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I don't know if it has any relevance but the item was makeup retailing at $9.99. I heard most times they won't charge you criminally if it's a small item, no police are called on the spot, and you pay the civil demand. I don't know if this is true, but I'm hoping it is.

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That varies from company to company as well as other variables I'm not going to go into. Some companies will nail someone to the wall for a 99¢ item.

I have said before and no doubt will say again; the time to worry about potentially having a criminal record is BEFORE you commit a crime. Afterwards, it is out of your hands. If you get out of this without one, it will be the opt of the store and not because you "deserve" not to have one.

Actually, a lower plea does look better.....HOWEVER....
- A thorough Criminal Background search will still show the original charge of Retail Theft.
- You must still be honest on employment applications. "Have you ever been found/pled guilty to a Misdemeanor? (yes). Please list dates, city/state, and details.

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Quoting free9man

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So long as it is within the state's CD guidelines, you're pretty much screwed. Even if they did get less than that, you would be out hundreds if not thousands in legal fees for your defense.

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Well I was told by the lawyers in avvo.com that they almost never pursue their civil demand threats, this was quoted from a lawyer that knows some of the staff from the law firm that sent me the letter. They actually advised me not to pay it, that it was just an empty threat, but I went ahead and payed anyway. They said if they did sue for damages they'd have to get someone from the store to appear in court, hire a lawyer, and prove their damages which would cost much more than what they'd end up getting from me. They said it be an average of $50 + the item stolen/damaged. Which would sum up to maybe $60 or $100 at best since no employee staff was required to go out of their way to catch me, it was an LP who would've been doing their job anyway, and that certain law firm works by commission so their at no loss either. They said it wouldn't be worth their time or money, so most times they just send threatening letters hoping people will pay up, and other people have actually been told by the judge that they shouldn't have payed it since it has no legal obligation, that could've been fairly settled in court.

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Quoting free9man

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The lawyers would be quite wrong. You don't negotiate with the judge, you negotiate with the prosecutor. The prosecutor is NOT required to deal. They can go all the way if they want. And you will be out lots and lots of money in fines, court fees, PD fees, etc...

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Well they said the majority of the time, the judge won't go all the way. Especially since it's my first offense, and a misdemeanor at that.

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Quoting free9man

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That varies from company to company as well as other variables I'm not going to go into. Some companies will nail someone to the wall for a 99¢ item.

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Well I'm preparing for the worst. I'm not expecting a pat on the back, I know what I did was wrong, and I'm ready to pay for it. All I look for is advice from different lawyers and people who have experienced this first hand. Maybe the lawyers in avvo.com are wrong, maybe you're wrong, who knows, only time will tell...

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Quoting cbg

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I have said before and no doubt will say again; the time to worry about potentially having a criminal record is BEFORE you commit a crime. Afterwards, it is out of your hands. If you get out of this without one, it will be the opt of the store and not because you "deserve" not to have one.

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I never said I didn't "deserve one", and it be stupid for me to assume that I didn't get one because I didn't deserve one. You're funny. But you're right about the first part. This experience has taught me to be wiser about my decisions in the future.

Not paying that civil demand would be a gamble. Ask another poster here - he issues them, he takes the people to court who do not pay it.....

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Quoting atrocite

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They said if they did sue for damages they'd have to get someone from the store to appear in court, hire a lawyer, and prove their damages which would cost much more than what they'd end up getting from me.

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It's a gamble on whether a particular company is going to come after you or not. There is no hiring a lawyer as they already have them on retainer, in some instances it is a law firm that oversees the CD process. Proving their case, given a proper execution of the case by LP. is a no-brainer. Plus this is assuming the criminal can even find an attorney they can afford to fight the suit.

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Quoting atrocite

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and other people have actually been told by the judge that they shouldn't have payed it since it has no legal obligation, that could've been fairly settled in court.

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Depends on the jurisdiction. Many states have laws that govern CD, thus there IS a legal obligation. Until such time as CD laws are challenged and overturned, those are just judges that are speaking out of turn.

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Quoting atrocite

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Well they said the majority of the time, the judge won't go all the way. Especially since it's my first offense, and a misdemeanor at that.

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It is NOT up to the judge, barring some legal reason for dismissal, to determine how far it goes. They cannot force a prosecutor to deal, they can nudge them but not force them. Further, not all judges are going to do that. There is a judge in my state that is quite proud of his reputation as a hanging judge. He throws the book at everybody, regardless of charge or background. I have seen first offender shoplifters get 364 days in jail and the maximum fine in his court.

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Quoting PandorasBox

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Not paying that civil demand would be a gamble. Ask another poster here - he issues them, he takes the people to court who do not pay it.....

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Well as I stated on my OP, I all ready payed the civil demand.

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Quoting free9man

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It's a gamble on whether a particular company is going to come after you or not. There is no hiring a lawyer as they already have them on retainer, in some instances it is a law firm that oversees the CD process. Proving their case, given a proper execution of the case by LP. is a no-brainer. Plus this is assuming the criminal can even find an attorney they can afford to fight the suit.

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Can they still sue me for damages, even after I paid the $300 CD letter?

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Depends on the jurisdiction. Many states have laws that govern CD, thus there IS a legal obligation. Until such time as CD laws are challenged and overturned, those are just judges that are speaking out of turn.

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I still payed it either way, I didn't want to take any chances.

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It is NOT up to the judge, barring some legal reason for dismissal, to determine how far it goes. They cannot force a prosecutor to deal, they can nudge them but not force them. Further, not all judges are going to do that. There is a judge in my state that is quite proud of his reputation as a hanging judge. He throws the book at everybody, regardless of charge or background. I have seen first offender shoplifters get 364 days in jail and the maximum fine in his court.

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I still haven't gotten a summons to court or a CD release, and it's been almost 3 months already. Isn't there a way I can know if they proceeded a criminal charge? Even though the LP said it wouldn't go in my criminal record.

I'm sorry I don't got the answer to your question, I'm new to this website and i don't know how to use it. Hopefully somebody can read my scenario and answer my question as well as some of
My friend and I got caught shop lifting. well to tell you the truth I wasn't the one shop lifitng, but I was with him. It was two items each valued at $40, but one item was not stolen; just the ceram-wrap was a bit ripped. We were charged with a class C misameanor in the state of Texas. They told us to call a number to pay, I quote "damage and repairs." Nothing about a civil demand, but when I called they said my name is not on file call back later.
I asked how much percentage of the item is being charged? Thats when they mention a civil demand (first time I heard of a civil demand.) So my question is how much, or am I getting charged with this civil demand they did not inform me with. Also the guy questioning us, asked how much money we had, but when I asked can we pay on the spot he said no. Whats that about?
Please reply, and thanks for listening