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

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.

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.

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.

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Quoting PTPD22

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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.

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Only if the retailer takes it to civil court and obtains a judgement.

Would a Public Defender be able to do anything for me? I probably will not be able to afford a criminal attorney

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

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 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?

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Quoting riven11

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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.

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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.

Security Consultant: Let's say this was your case. $425 CD unpaid...

What exactly would you do? How many notices would you send? Would the amounts increase, as we've read? When exactly would you file the Civil Court case? Would you be able to add your filing fees, as we've read?

Thanks. It'd be great insite coming from a person who has been there/done it instead of just internet research.

Many states require you send x amount of letters over a period of time. Some allow for increased amounts when CDs are ignored. The whole process is regulated my individual state law.

In my own circumstance the letter was given to the shoplifter at the time of the offense. In the case of juveniles, there were never released on their own. They either went with their parent(s), a legal guardian, or a responsible adult that was willing to sign for them or then went with the police.

I never allowed CD to be collected at store level. After 30 days the first followup letter went out. If no response within 10 days a second letter went out. If no response, a third and final letter went out (return mail receipt) and after 15 days of no response a civil suit was filed with the court where the offense took place. All that was needed was proof of attempted service.

The cost then for filing a suit was $5.00 and my staff never had to leave the office to do it. If the suit had not been satisfied by the time of the appearance date one of my staff members would appear in court on behalf of the company. The vast majority of time time the offender never appeared and we were granted a judgement by the court.

If the suit was satisfied by the appearance date we notified the court and the lawsuit was dismissed. It was a very simple, unencumbered process. I never used an outside agency to collect CD as many posters has reported. It is a very simple process and you don't need an attorneys involvement.

The money collected went directly into the Loss Prevention department's budget. It went to pay for salaries, equipment and the costs involved in apprehending the people who were always trying to steal your product.

Thank you.

One more question: If you get a judgment and it's not paid, you just go ahead and throw the blemish on credit, or can a lien be placed?

I never had to report a judgement to a credit agency. Once a judgement is issued by the court the credit agencies automatically pick it up. I can't remember the number of people who called and wanted to pay to get the judgement removed from their credit report.

A lien can be placed, but it is often more trouble than it's worth.

Thanks again, great info!

You're welcome.