Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13

Hybrid View

  1. #1

    Default 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.

  2. #2
    panther10758 Guest

    Default 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

  3. #3

    Default Re: minor charged with petty theft

    Quote Quoting panther10758
    View Post
    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?

  4. #4
    panther10758 Guest

    Default Re: Minor Charged With Petty Theft

    If Police were involved then your going to court

  5. #5

    Default 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.

  6. #6
    panther10758 Guest

    Default Re: Minor Charged With Petty Theft

    Quote Quoting phoenix_rising
    View Post
    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

  7. #7

    Default 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.

  8. #8
    panther10758 Guest

    Default 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

  9. #9

    Default 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?

  10. #10

    Default 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?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Charged with Petty Theft 488 Under $50
    By catn in forum Criminal Charges
    Replies: 1
    Last Post: 02-13-2011, 05:40 AM
  2. Criminal Law Issues: How to Go Now After Charged with Petty Theft
    By raduswal in forum Immigration Issues
    Replies: 1
    Last Post: 04-06-2010, 03:20 PM
  3. Retail Fraud / Shoplifting: Minor Charged with Petty Theft in California
    By kwen in forum Criminal Charges
    Replies: 6
    Last Post: 09-14-2009, 04:36 PM
  4. Retail Fraud / Shoplifting: What Happens If You're Charged With Petty Theft
    By thistoowillpass in forum Criminal Charges
    Replies: 3
    Last Post: 12-03-2007, 10:29 AM
  5. Retail Fraud / Shoplifting: Charged with petty theft
    By scared-n-confused in forum Criminal Charges
    Replies: 5
    Last Post: 12-23-2005, 02:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources