Civil Demand After Putting Merchandise in My Pocket, PC 490.5(C)

My question involves criminal law for the state of: California

Hello:

I entered a store last week and picked up an item (value at $7.00) and took it out of it's packaging to read the label. Upon doing so I went to another part of the store to pick up another item to purchase as well. During my journey to the other side of the store I put the item (valued at $7.00) in my pocket. I understand this is a no-no as it is concealment. When I got to the other side of the store to get the other item a man came up to me and pointed me in the direction of a door leading upstairs. He explained if I tried to run he would call the police. I questioned why and took the item out of my pocket and said, "because of this? I was not intending to steal it..." Long story short, I ended up upstairs. Once upstairs the 'P.I.' explained I was caught stealing and they had me on camera stealing it. I calmly told him I never intended to steal anything. He told me to stop talking or he would call the police and have them decide.

They did not have me sign anything but made a photo copy of my license. He just said he may or may not send me something in the mail. 5 days later I get a letter staying they are demanding I pay $500.00 + the $7.00 for the item.

This is absolutely ridiculous! Again, I understand concealment is considered stealing - but I did not intend to steal the item and had no intent to leave the store.. I never tried to leave the store.

My questions:
Do I have a 'case' if I decide to hire an attorney on the matter?
If I do not pay can they double/triple the civil demand?
If I do not pay, can they file a lawsuit? can they sue me for more?
Is it very likely that a local store would take me to court and try and sue me for this?
If I do not pay is it likely they will file criminal charges for something so small?

On another note if I have no other route to take-- I thought that the maximum I can be fined on an infraction for a first time offense is $250 if the item is under $50? Is that incorrect?

Not only is this allegation absurd but I am a college student and have absolutely no way to pay $500, especially for something I never did.

Any advice and help would be sincerely appreciated.

Thank you in advance for your time.

-A

$50 - $500 plus cost of merchandise. So what did you do with the package?

http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s490.5

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Quoting ampersandme3

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They did not have me sign anything but made a photo copy of my license. He just said he may or may not send me something in the mail. 5 days later I get a letter staying they are demanding I pay $500.00 + the $7.00 for the item.

This is absolutely ridiculous! Again, I understand concealment is considered stealing - but I did not intend to steal the item and had no intent to leave the store.. I never tried to leave the store.

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California state law allows them to make a civil demand of up to $500 for an incident of shoplifting. While $500 is about $200 higher than the average notice, it is still their legal right to make the demand. You are free to ignore it and run the risk of a lawsuit, or maybe even prosecution (though prosecution is unlikely).

Keep in mind that no one is going to buy the tale that you took the item OUT of its packaging and then slipped it into a pocket thus concealing it, and that you then intended to remove it later and pay for it. That's not going to pass the laugh test, sorry. Even on the remote chance it's true, it's still not going to fly.

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My questions:
Do I have a 'case' if I decide to hire an attorney on the matter?

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And you're going to pay an attorney a retainer of about $1,500 or more to do ... what? You're not in court, yet.

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If I do not pay can they double/triple the civil demand?

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If you don't pay they can sue you and send the matter to collections which would then cost you more.

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If I do not pay, can they file a lawsuit? can they sue me for more?

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Yes, and probably not ... though you might have to pay more if you lose and fail to pay. And, how much will it cost you to take two to four days off of work or school to attend court?

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Is it very likely that a local store would take me to court and try and sue me for this?

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That's impossible to say. But, they also have a year to report the crime to the police and you could be both sued AND prosecuted.

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If I do not pay is it likely they will file criminal charges for something so small?

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It's rare, but it is possible.

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On another note if I have no other route to take-- I thought that the maximum I can be fined on an infraction for a first time offense is $250 if the item is under $50? Is that incorrect?

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That might be correct if this were a criminal fine imposed by a court, but it's not as a result of a shoplifting infraction - it's a civil demand.

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Not only is this allegation absurd but I am a college student and have absolutely no way to pay $500, especially for something I never did.

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Really? :rolleyes:

Next time, don't take things from their packages, and don't put them in your pocket!

cdwjava -

Really.

Thanks.

- - - Updated - - -

Disagreeable-

I held onto the package...