My question involves criminal law for the state of:California
I stole a ipod charger for $30 and their charging me for $328. Anyways I notice this is a high amount, any reasons why? Anyways I am scared of going to court. Once I pay this fine will I be alright? I have heard stories from people going to court and etc. I am a minor (15yearsold) and do not want a criminal record. They (Target people and police) said they won't prosecute me or take me to court. But I don't know if i can trust them.
Caught at Target
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08-16-2008, 09:39 PMShinerCaught at Target
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08-17-2008, 04:23 AMgigirleRe: Caught at Target
This is a civil demand and it is different from criminal charges. Pay the demand...actually your parents or guardian is the one who should get this. If you don't (or your parents) the amount will go up and up until they take your parents to civil court and win a judgement against them. The total then could very well be near $1000.00. $300.00 is about correct for the amount. Also, target has until the statue of limitations to prosecute you (usually 2 yrs) so if you don't pay this demand, you will then be giving Target a reason to prosecute you and they will. Pay the fine, and don't steal again. You are actually very lucky.
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08-17-2008, 07:49 AMpanther10758Re: Caught at Target
California Penal Code, Sec. 490.5(b)
(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. -
08-17-2008, 07:52 AMShinerRe: Caught at Target
^^ i got that at the back of my paer, but I have no idea what that means.
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08-17-2008, 08:09 AMLawResearcherMissyRe: Caught at TargetIt means that if you get busted for shoplifting, the law allows the merchant you stole from to demand up to $500 from you AND sue your butt off.Quote:
Quoting Shiner
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08-17-2008, 08:45 AMPJ WeberRe: Caught at TargetYou have no choice but to trust themQuote:
They (Target people and police) said they won't prosecute me or take me to court. But I don't know if i can trust them
Not paying the civil demand will get you into bigger trouble -
08-17-2008, 08:47 AMpanther10758Re: Caught at Target
I like that you steal from a retailer and your wondering if you can trust them!:rolleyes: They have until the statute of limitations runs out (one to two years I think) to file criminal charges. However since they did not do so right away I suspect they wont.
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08-17-2008, 08:54 AMaaronRe: Caught at Target
You can always attempt to negotiate a lower payment.
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08-17-2008, 09:57 AMShinerRe: Caught at Target
What is the statue of limitations?
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08-17-2008, 09:59 AMpanther10758Re: Caught at Target
The time the law allows them to press charges
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08-17-2008, 05:56 PMmmmagiqueRe: Caught at TargetI'm pretty sure it's the one without the arms and the head.:cool:Quote:
Quoting Shiner
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08-17-2008, 09:18 PMShinerRe: Caught at Target
I have other questions. I orginally got the product and left the store. but I came back in the store to get my friend ( the same day). I was wondering can target catch me and pull me back to their store if I already left the store? they said they were waiting for my friend to come out and were going to ambush us because I was sitting outside waiting for him.
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08-18-2008, 05:03 AMNeal1421Re: Caught at TargetYes, they can.Quote:
Quoting Shiner
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08-18-2008, 04:19 PMShinerRe: Caught at Target
What's Targets prosecution policy?
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08-18-2008, 08:24 PMShinerRe: Caught at Target
and how long do i have until they raise the pirce up?
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08-19-2008, 02:31 AMgigirleRe: Caught at TargetCall the people who wrote the letter and ask them. We can only guess...30 days?Quote:
Quoting Shiner
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08-19-2008, 02:32 AMgigirleRe: Caught at TargetAhhh....they prosecute all shoplifters!Quote:
Quoting Shiner
Stay out of Target! -
08-19-2008, 02:45 AMasha8Re: Caught at Target
what ever you did its a great job keep it up.By the if you are scared of cops why did you stole it. dude think twice before you act.
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Asha Pabet
Kansas Drug Treatment -
08-19-2008, 10:38 PMsouperdaveRe: Caught at TargetI'll play "Grammar Nazi" for this one......are you an advocate of KS D.T., or a customer? I would hope that you're not a secretary there.....and if ya are, is this just a 'quickie' post wherein ya did not have time to properly punctuate or apply tense?:confused:Quote:
Quoting asha8
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08-19-2008, 10:42 PMsouperdaveRe: Caught at TargetHere's a novel idea: PAY IT! THEN GO FORTH AND SIN NO MORE!!!Quote:
Quoting Shiner
Just a thought............