Shoplifting in California

[Bohannan]

My question involves criminal law for the state of: California

My son's friend was caught shoplifting in Sear's and didn't have her ID so they called the police. She is 19 and has never done anything wrong. She just lost her job, and has been having a lot of stressful issues at home. It was a $24.00 scarf and she was given a paper from the police with a date to appear in July, 2012.

Today she received a paper from Sear's with the amount to pay them which is $400.00 and if she can't pay it all at once she can make payments of $55.00 per month for 8 months.

My questions are:
1st - After she pays this amount to Sear's will she still owe a fine to the court?
2nd - Will she still have to go to court and will it go on her record?
3rd - She has no job - should she get a PD to help her and how does she go about that?

Any help would be appreciated. Thanks in advance!

[Security Consultant]

1. The Civil Demand is just that, a civil matter that has nothing to do with the criminal case.
2. Yes she would still have to go to court and yes it will go on her record.
3. If she needs a PD (and qualifies for one) she should ask for one at her first appearance.

[cdwjava]

My son's friend was caught shoplifting in Sear's and didn't have her ID so they called the police. She is 19 and has never done anything wrong.

To be correct, she has never been caught for a crime before. You cannot possibly say she has never done anything wrong because you cannot possibly know that. Statistically, a person is very rarely caught on their first shoplifting act.

She just lost her job, and has been having a lot of stressful issues at home. It was a $24.00 scarf and she was given a paper from the police with a date to appear in July, 2012.

She is lucky as this offense can be charged as an infraction.

Today she received a paper from Sear's with the amount to pay them which is $400.00 and if she can't pay it all at once she can make payments of $55.00 per month for 8 months.

That is a civil demand notice and is separate from any criminal penalties that might later be applied.

My questions are:
1st - After she pays this amount to Sear's will she still owe a fine to the court?

If convicted, yes. The total amount of the fines will depend on the specific statute under which she has been charged. Do you know?

2nd - Will she still have to go to court and will it go on her record?

Yes, and yes. If charged with an infraction, there will be no state criminal history and she will generally not have to reveal it as a "conviction" for most future job applications.

3rd - She has no job - should she get a PD to help her and how does she go about that?

If charged as a misdemeanor, she will likely be eligible for a public defender. This will occur at or about the time of arraignment (in July, apparently).

[Bohannan]

Yes, you are correct in that I can't say she's never done anything wrong or just has not been caught before. I do know however, she hasn't until this happened ever done anything like this. She has nothing on her record not even a speeding or parking ticket. So, she is a good kid, she made a very poor decision. Desperation makes people do stupid things they will regret later.

According to the paperwork from the Civil Demand notice it was CA PC 490.5, but on the Notice to Appear paper it says 837/488PC

So I don't know why they are different from each other.

[cdwjava]

According to the paperwork from the Civil Demand notice it was CA PC 490.5, but on the Notice to Appear paper it says 837/488PC

So I don't know why they are different from each other.

PC 490.5 is the Penal Code section for shoplifting. The 837/488 are the Penal Code sections for a private person's arrest and petty theft. It appears that so far it is a misdemeanor. I suspect the DA may file it as an infraction or allow her to plead to the infraction if she also agrees to the fines and, perhaps, counseling or diversion if available in her area.

[Security Consultant]

As I explained in post #2. The civil matter is just that. The civil matter came about as a result of the criminal. California law allows the retailer to make a civil demand. They could have asked for as much as $500.

PC 490.5 (b)(c) covers the retailer's right to make the civil demand.

[Bohannan]

Thank you very much for your help. I will be passing it on to her and suggesting that she look into a diversion if available.