Do I Have to Pay a Civil Demand Notice
My question involves criminal law for the state of: California
I am a minor(17) and got caught shoplifting at a Macys. The police were called who then my parents, and they gave me a misdemeanor and I have to go to court in 2 months. Additionally, I was given a Civil Demand notice saying that I must pay $425 within the next 5 days.
Should I pay the civil demand? (The policeman recommended this for when I go to court?) what are the consequences of this?
Additionally I have been accepted to colleges just a week ago and want to know how this will affect my chances of going.
thank you
Re: Do I Have to Pay a Civil Demand Notice
You need to discuss the Civil Demand with your parents. First off, since they are legally responsible for paying it....failure to pay it can give THEM a lot of grief. The store can send another notice with an increased amount, or sue them in Civil Court, for starters, and if they still don't pay, put a dent in their credit rating. (In my state, my lawyer recommended paying it asap and presenting proof of payment to the judge).
You also want to talk to your parents about hiring a Criminal Defense Attorney, who may be able to get you into a First Time Offender program. Keep in mind that either the lawyer or your parent needs to accompany you to court. If they do not have a first time offenders program, you will have a record for 5 years plus the time it takes to get an Expungment), so your record will affect college and even finding a job.
College: There are many career fields that someone with a Criminal Record cannot work by law, such as working with Vulnerable Populations (The Elderly/ Disabled). You won't be working in a pharmacy. You will not be working around money. Staffing agencies will not even look at you.
I would go out and get a McJob asap, since you are costing your parents a lot of money. You're looking at court costs/fees, the Civil Demand, and a lawyer will run quite a bit of money.
There's also the possibility of an anti-shoplifting class. Probation. Community Service.
Re: Do I Have to Pay a Civil Demand Notice
In addition to what Pandora said, letting that civil demand go unpaid could affect your acceptance to your college of choice and will almost certainly negatively affect your ability to get any sort of financial aid. It really is in your best interest to get both the criminal charge and the civil demand over and done with before you start trying to get into college.
I wholeheartedly agree with Pandora that you and your parents should retain a criminal attorney ASAP to help minimize the repercussions of your actions.
Re: Do I Have to Pay a Civil Demand Notice
Bring this point up to your parents, as well....
First Time Offender program: Attorney costs, fees, fines, Civil Demand, possible community service, probation. Then your record is sealed.
No First Time Offender program: Great difficulty finding employment, and many apartments will not rent to a person convicted of a Crime of Moral Turpitude (Mom, Dad, if you want me to move out in the next 6 years, a lawyer is really to your benefit as well as mine). Again, I have to stress that you would not be eligible for Expungment until 5 years past date of conviction/end of probation; plus time to file the paperwork, go to court again, and time to process the approval....
A criminal defense lawyer can easily run $1500. See that sign in WalMart bathrooms and fitting rooms that says shoplifting can cost you $2000+....they aren't kidding.
Re: Do I Have to Pay a Civil Demand Notice
Quote:
Quoting
PTPD22
In addition to what Pandora said, letting that civil demand go unpaid could affect your acceptance to your college of choice and will almost certainly negatively affect your ability to get any sort of financial aid. It really is in your best interest to get both the criminal charge and the civil demand over and done with before you start trying to get into college.
I wholeheartedly agree with Pandora that you and your parents should retain a criminal attorney ASAP to help minimize the repercussions of your actions.
Only if the retailer takes it to civil court and obtains a judgement.
Re: Do I Have to Pay a Civil Demand Notice
Would a Public Defender be able to do anything for me? I probably will not be able to afford a criminal attorney
Re: Do I Have to Pay a Civil Demand Notice
A PD is only to help those who truly can't afford a lawyer. And since you are 17, this would be based on your parents income and assets, not yours
Re: Do I Have to Pay a Civil Demand Notice
Like security consultant said, people are advised not to since the companies would waste too much time on it and rarely do. Is this true or is it just because the people weren't arrested.
Re: Do I Have to Pay a Civil Demand Notice
I am dumbfounded at the number of people who don't seem to have any trouble taking what doesn't belong to them but then get all bent out of shape when they find there are consequences. Why the heck SHOULDN'T you be responsible for making restitution to the store you stole from?
Re: Do I Have to Pay a Civil Demand Notice
Quote:
Quoting
riven11
Like security consultant said, people are advised not to since the companies would waste too much time on it and rarely do. Is this true or is it just because the people weren't arrested.
I never said that, When I was the Director of a major retail security program I aggressively pursued Civil Demand. The effort is not a "waste of time." The process of filing a civil suit, in these matters, is very simple.
In the vast majority of States you don't have to be "arrested" of prosecuted to collect Civil Demand.