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Caught Shoplifting In California

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  • 05-22-2008, 07:25 PM
    tikipunch
    Caught Shoplifting In California
    My question involves criminal law for the state of: CALIFORNIA
    Well hello i am a minor i got caught shoplifting at Gottshalks in Redlands my friend dared me i know it was stupid i stole something i admit to it. Well it started we were at Gottshalks a couple months ago my friend was getting something so i did too, i get a shirt and a watch. i layer the shirt under my other shirt. i walk out of the store then turn around to walk back in and return it becuase it was dumb. I am about to get to the steps to walk in and return the stuff a man walks out of the store i move out of his way to let him walk past me. The man turns to me takles me on the floor we start to roll around, he grabs my hand squezes them and puts one hand in handcuffs and then slowly puts the other hand in. i know i stole but he did not have to squeeze my hand. he should have said he was a officer before attacking me. Then he pulls up his shirt and shows me his metal badge he arned in a five hour course his mom drove him too. Jk idk but he did show me a badge come on i offered to pay for the stuff i had a credit card and cash, he puts me into a room with mirror walls, he pushes on the mirro it goes into a room. (real weird). So i cooperate he says empty out my pockets i do, he starts to take off my sweater and i pull away and i said i can do it myself. i took off my sweater he made me take off my shirt and un buckle my belt he didnt make me take off my pants after he asked me do you have anything under your pants 3 times. i said no go ahead and search me if you think im lieing. So he calls two people in the room while he goes to retrieve the medal sensors. I am there for 4 hours in a room, he un handcuffs me he wouldnt let me call my mom he wouldnt call my mom. I guess my friend went to my house and told my mom, so my mom finally found out 4 hours later where her son had been. my mom called he wouldnt let her talk to me. He acused me of stealing a watch i had on okay Gottshalks does not own (Nixon watches). I went to court i have to take a pety theft class, 25 hours community servie, and a 40$ fine. The guy who was the security didnt even show up to testify against me. can it steel be used against me. Now gottsahlks is sending me leeters saying i owe them money and threting to sue me.!
    HELP PLEASE!!
  • 05-22-2008, 10:21 PM
    cdwjava
    Re: Caught Shoplifting!
    What kind of help do you want. You have pled guilty, so you have to pay the criminal consequences.

    Also, under CA law, the store can go after you for an amount between $50 and $500 IN ADDITION to any penalties and restitution imposed by the court. So, you really should consider making arrangements to pay that amount, or you may have to go into civil court and have to pay even more to cover court costs as well.

    - Carl
  • 05-24-2008, 03:38 PM
    tikipunch
    Re: Caught Shoplifting In California
    Hello what do you meen? I am going to pay the court. But is Gottshalks allowed to come after me with a fine too. Even though they got their suff?
  • 05-24-2008, 03:43 PM
    tikipunch
    Re: Caught Shoplifting In California
    Thank you CDWJAVA i like your quote!
  • 05-24-2008, 04:03 PM
    cdwjava
    Re: Caught Shoplifting In California
    Quote:

    Quoting tikipunch
    View Post
    Hello what do you meen? I am going to pay the court. But is Gottshalks allowed to come after me with a fine too. Even though they got their suff?

    Yes.

    They may obtain this money from your parents if you are under 18.

    PC 490.5(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.
    And I am glad you appreciate my quote. Thanks. I found it very timely with the release of the second Narnia movie.

    - Carl
  • 05-26-2008, 12:42 PM
    Anewlife288
    Re: Caught Shoplifting In California
    i suggest you to pay ASAP
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