Minor Charged With Petty Theft
im 16 shoplifted at a kmart in california. i went over their "dollar amount", i dont know what else to call it. the police were called, one showed up and i was arrested but was sent home with parent. my parents received the civil demand and it was 350, they are paying for it. but is there something else that could happen??
im not lookin for sympathy or empathy. i just want answers.
in the civil demand letter it mentioned the california penal code 490.5 b and c, so could anyone help me understand it better?
(b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.
The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs. In addition to
the foregoing damages, the parent or legal guardian shall be jointly
and severally liable with the minor to the merchant for the retail
value of the merchandise if it is not recovered in a merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be
had in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for the
tortious conduct of a minor. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each
action brought under this section.
The provisions of this subdivision are in addition to other civil
remedies and do not limit merchants or other persons to elect to
pursue other civil remedies, except that the provisions of Section
1714.1 of the Civil Code shall not apply herein.
(c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of such
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.
Re: minor charged with petty theft
Civil Demand is a "Civil" action. When you go to court you will face your "criminal" charges which will include more fines
Re: minor charged with petty theft
Quote:
Quoting
panther10758
Civil Demand is a "Civil" action. When you go to court you will face your "criminal" charges which will include more fines
what are the chances that i go to court? does kmart have a prosecution policy? do you happen to know what it is?
Re: Minor Charged With Petty Theft
If Police were involved then your going to court
Re: Minor Charged With Petty Theft
is it absolute that i will go to court? the police officer said they may or may not ... was he just messing around and tried to give my dad the benefit of doubt? he also said that this will go away on my record once im legal. true or no?
i will end up going to juvenile court right? and can you point out to me or make it bold and underlined where in the penal code, that i posted earlier, that says i will be taken to court?
i also read on the city police reports that i was cited and released, can you explain to me what that means?
im sorry for all the questions but i have a sick feeling that sometimes people who dont know the law, can sometimes get taken advantage of.
Re: Minor Charged With Petty Theft
Quote:
Quoting
phoenix_rising
is it absolute that i will go to court?If store has pressec charges yes you will go to court! the police officer said they may or may not ... was he just messing around and tried to give my dad the benefit of doubt?Ask the cop! he also said that this will go away on my record once im legal. true or no?Go away no but once you turn 18 your record as a minor is sealed
i will end up going to juvenile court right?Yes and can you point out to me or make it bold and underlined where in the penal code, that i posted earlier, that says i will be taken to court?My God how silly can you be if charged with a crime you go to court to be judged!
i also read on the city police reports that i was cited and released, can you explain to me what that means?You cited (ticket) which should give you your court date and the released without bond
im sorry for all the questions but i have a sick feeling that sometimes people who dont know the law, can sometimes get taken advantage of.
No one took advantage of you
Re: Minor Charged With Petty Theft
thanks for answering...
but i dont understand this...
You cited (ticket) which should give you your court date and the released without bond
would i get the ticket in the mail? the only thing my dad did was sign the paper.
Re: Minor Charged With Petty Theft
If you were cited you or your Dad should have ticket if not yes it will come in the mail
Re: Minor Charged With Petty Theft
okay. are there times where once the store gets the civil demand payment, that'll be the end? or because the police were involved, im basically kaputz?
Re: Minor Charged With Petty Theft
oh and also i read other posts that say stuff about if you plead guilty that's a criminal charge, does this apply in juvenile court?