Shoplifting at Kohls

My question involves criminal law for the state of: California

Friend and I caught shoplifting at Kohl's, just shoes. It was our first time and a bad choice...obviously. Were video taped. Got arrested and let go that very night. Our tickets from the cops said it was a 488 petty theft, and on the letter it said it was a 490.5.Both our records were clean. I have a court date already from the ticket and the cop threatened both of us saying, "if I ever see you driving in my city, I will pull you over for whatever reason.(to pretty much get us in the trouble)" (thing is chula vista is part of san diego county.)
I know that this can impede in getting a job for future references and whatnot. We just got our letters telling us to pay 325 each and if we don't then "civil court action[will be used] against you". We are both 18.
So my questions: What is civil court action? Why are charges different? From reading some of people's cases I can get a diversion(so does that make it come off my record?) Can I bring up what the cop told us and use it to an advantage? We both admitted to what we did, so wouldn't the court go a bit "easier" since we cooperated? Both can't afford a lawyer, so where do I look for a public defender?
Another thing:
Save me the sarcasm, this is a forum for people who seek advice not criticism/sarcasm.

Unless you have valid proof of the threat from the police officer....you have a snowcones chance in Hell of using that in a courtroom. Think of it this way....2 criminals vs a police officer, with no evidence.

Now....for the rest of your questions:

Civil Demand is the letter you received asking for the $325 each. PAY THIS ASAP! If you don't, a lawsuit can be filed and will cost you a lot more money (the cost of the store to file the Civil Suit, the cost for their attorneys, etc).

As for the differences in charges and demands - the laws and penalties vary by the state and even the County the offense occurred in.

As for not being able to afford an attorney: I do recommend you see a Criminal Defense Attorney, atleast for a consultation. Many offer a free 1/2 hour consultation. Ask your questions, follow the advice.

PS: Just because you get a Public Defender does not mean it is "free". In my area, you are expected to pay $210 for the service.

And even if you do complete a Diversion program, your record is still available to Law Enforcement (and possibly employers).

Thanks for the reply. You're right about the cop part, but I thought they were under surveilllance, not only on cam but by mikes.
Yeah I'm gonna pay the civil demand no matter what.
So if the diversion program doesn't remove it off my record then what does? I have read some of people's stories and they have stolen things that are a lot more expensive and in the state of Cali and have not gotten arrested, but I guess it's different everywhere.
One other question, you know where I could find some attorneys, like in the yellow pages?

You're welcome.

Yes, check the yellow pages, look for Criminal Law Attorneys.

PS....you may be able to have your case expunged after a few years.

So I received a letter and we called to check it was the real thing, because we have heard that some can be fake and well the name that they gave us did not match the name on the letter and they didn't know what the acronym stood for and when we asked if it were fake, they got all defensive and said, "we are not fake!" and hang up. Now if you wanted to defend your case, why hang up? So not sure if we should pay up or not. Any advice before I should ask an attorney?
Also, I heard that a witness comes up to the court to prosecute, is this true?

Your Kohl's Civil Demand letter should have come from Kohl's Corporate office with a Wisconsin address. There's a phone number to make payments or arrange a payment schedule.

A Criminal Defense Attorney could handle that also.

As for witnesses appearing in court: Yes, if it goes to trial, yes they will have to appear and testify.

Did you sign forms in the L.P. office admitting your crime? If so, you do not want a jury trial.

Again, consult with a Criminal Defense Attorney. Most offer free consultations, and will give you advice. If you can't afford to retain an attorney, best bet is to go to the arraignment and state "I stand mute". Then you will be given a Public Defender (not necessarily free, you may be expected to pay $200+). Then it goes to Pre-Trial Conference, at which point the P.D. may be able to make a plea deal or diversion program for you.

I have to find the letter and check the mailing address. Because when we called they said they were SBC when on the letter it said something else.
I am aware of the fees for defender and court, which is about 200 each, plus fines.
Yeah I signed the papers, but didn't give them my social only my address, that's all they know of me and of what I drive.
I heard of some people getting arrested for amounts higher than mine and did not get the cops called on them, so is there like a limit for a person to get the LP to call the cops?

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Quoting dumbyouth

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I have to find the letter and check the mailing address. Because when we called they said they were SBC when on the letter it said something else.
I am aware of the fees for defender and court, which is about 200 each, plus fines.
Yeah I signed the papers, but didn't give them my social only my address, that's all they know of me and of what I drive.
I heard of some people getting arrested for amounts higher than mine and did not get the cops called on them, so is there like a limit for a person to get the LP to call the cops?

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No, the only limit is the guidelines individual companies set for their LP staff to follow.

Thanks for the reply.
What do I do if the letter they sent me is false?

Also another thing the letter that we have recieved came from New York, not Wisconsin.

If you think the letter to Kohls is fake, have them verify it is real. The letter coming from NY only means that the attorneys they have hired for their civil demand process are in New York.

I just have to find it, but I thing is the name of the attorney did not match the name on the letter, but who do you mean by "they"? As in attorney, or Kohls?

Take the letter to Kohls LP and they will be able to verify.

Call the store first, and ask for the L.P. Manager. Set up a time to bring the letter in. (no risk of the Criminal Trespass thing).

I do know mine was sent from the Corporate office in Wisconsin.

Do I get a defendant from san diego or chula vista?

I assume you mean a defense lawyer. How close are the two areas? If they are close, I would say either. Just remember that drive time can be included in the attorney fees, so the closest to the court, the better.

if lp let me go do you think i should worry? i didnt sign anything they didnt detain me they literally let me drive away. im just worried about my license plate being traced...but they dont have any evidence now..

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Quoting JillS

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if lp let me go do you think i should worry? i didnt sign anything they didnt detain me they literally let me drive away. im just worried about my license plate being traced...but they dont have any evidence now..

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There's nothing for you to worry about. Since they didn't call the cops, so nothing is on your record. It's kinda like, "pay the fine so we don't say anything to the cops" so that means no court date for you.

DumbYouth: Have you verified the letter is real? I just went through my file to find the number for you.

Kohls' Dept Stores Inc
Corporate Loss Prevention
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

262-703-1658 between 7 am and 7 pm central time, Mon - Fri to arrange payment schedule, or pay over the phone by credit card.

Hope that helps.

Use the reference number at the top of the page when you call.

Thank You very much, I appreciate it really, but I have verified by the person and they said their attorney is from New York and they got the name correctly.

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Quoting PandorasBox

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DumbYouth: Have you verified the letter is real? I just went through my file to find the number for you.

Kohls' Dept Stores Inc
Corporate Loss Prevention
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

262-703-1658 between 7 am and 7 pm central time, Mon - Fri to arrange payment schedule, or pay over the phone by credit card.

Hope that helps.

Use the reference number at the top of the page when you call.

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Actually, I think I will call corporate, thank you and I really appreciate it. So who do I ask for? or what do I say?

I would just explain that you have received a Civil Demand, and since it was not from the Corporate address you want to verify it is from Kohl's.

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Quoting dumbyouth

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Thank You very much, I appreciate it really, but I have verified by the person and they said their attorney is from New York and they got the name correctly.



Actually, I think I will call corporate, thank you and I really appreciate it. So who do I ask for? or what do I say?

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Thank You, again. So do I just give them my reference number that is on the letter that I believe in which is fake?

That would be a good starting point, along with your name and address.

Thank You so much again. I have already paid it off. Now all that's left is the court fees and the defender, correct? Anyone have a rough estimation? I heard it was about 250 for the court fees and another 200 for the defender.
I read on what not to say on court, number 4 was the one that I guess many people would use("It was my first time"). So if I can't use that, then what can I say? "It was an act of impulse"? It's really the truth too nonetheless, but I'm afraid that sounds bad.
PandorasBox: what happened in your case, assuming you had one.

Court and Public Defender costs vary all across the country. There is no set fee. Why don't you call the court and ask them.

Scroll down within the past two pages or so. I posted the story start from scratch. You'll have an idea of what to expect.

Please also see the Advice to Shoplifters sticky at the top of the page for other info about appearing in court.

Here's the link for my story. http://www.expertlaw.com/forums/showthread.php?t=75526

Thank You so much really. But seeing how I'm still in college, I don't think I can afford an attorney. So I may just have to hope for the best with my public defendant.

My court date is coming up. So I am to hire a public defendant, since I can not afford an attorney, should I just call one up, tell them my story and then show up on the court? Assuming I have an attorney.

If anyone wants to know what happened after here's the after math:
http://www.expertlaw.com/forums/showthread.php?t=81201