Page 1 of 2 1 2 LastLast
Results 1 to 10 of 18
  1. #1
    pigglywiggly Guest

    Unhappy Caught Shoplifting In Mervyns

    My question involves criminal law for the state of: California
    i was caught shoplifting on March 9, 2008 at Mervyns in CA. the total amount was about 180.00. i was out the door when the LP security ran after me and asked to to step back inside. i was so scared i thought i was going to die. i was ashamed and even now just thinking about it scares me. she took my info and told me that the amount required her to call the police. the officer was really nice he just gave me a citation and let me go. he didnt even walk me out (walk of shame). so my court date is April 15 and im scared of what will happen. my biggest fear is that my family and friends will find out. i got in contact with a program NASP(National Association Shopplifing Prevention) and completed a sort of rehab program with them in hopes showing to the judge that im trying to get help and stop shoplifting. Ok so here are my questions. Does anyone know what will likely happen in court? also i got a letter in the mail from Mervyns Lawyer this is what it says "This letter is a demand that you pay 295.00 in satisfaction of this civil matter. this is not an attempt to collect a debt. under CA Law Cal. Penal Coder, Section 490.5, meryvns has a civil cause of action against you because you intentionally deprived Mervyns of merchandise without paying for it. the law further provides that seperate from and in additon to any criminal action arising from your conduct you may be held civilly liable for costs of merchandise if damaged a civil penalty and court costs and reasonable attorneys fees. mervyns does not wish to file a civil action against you however, if we do not recieve payment wthin 30 days from the date of this letter, mervyns may make every effort to enforce its right under this law, which could include a civil court action against you. if you are determined to be reponsible and the judgement is not paid, this could also result in an adverse impact on you credit rating."..... Im thinking if i should even pay this or go to court first. im planning on going to talk to a public defender. i dont want to rush and pay these 295.00 if i really dont need to. id rather pay them in court costs which im sure i will. basically i need advice on what to do in my situation. please anyone

  2. #2
    panther10758 Guest

    Default Re: Caught Shoplifting In Mervyns CA Needs Advice

    If you fail to pay the Civil fine (unrelated to your criminal case in court) the fine will likely triple or more. If you still fail to pay they can sue you in court and win. Then your looking at legal fees and court costs as well. So your $295.00 fine could run thousands. Pay the Civil Demand. Far as court ask for Public defender or hire an Attorney and ask if you qualify for Diversion

  3. #3
    pigglywiggly Guest

    Default Re: Caught Shoplifting In Mervyns

    thank you for the reply... as for the demand of payment, i had heard from other people that paying the fine has nothing to do with what will happen in court. right now im more worried about that. i hope completing the NASP program will help me. what if i cannot pay the fine in full (295.00)?

  4. #4
    panther10758 Guest

    Default Re: Caught Shoplifting In Mervyns

    Make payment arrangements just be sure to make them on time or face fine being raised

  5. #5
    pigglywiggly Guest

    Exclamation Re: Caught Shoplifting In Mervyns

    im planning on being a school nurse. im sure this is going to come back and bite my butt. how do i go about getting it cleared from my perm. record? and lets say i get pulled over by a police officer. im scared my family will ever find out anything about my shoplifting so if the officer says have u ever been arrested what do i answer? when i was caught the police were called and i was read my miranda rights so was i arrested just not formally?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting In Mervyns

    Quote Quoting pigglywiggly
    View Post
    im planning on being a school nurse. im sure this is going to come back and bite my butt. how do i go about getting it cleared from my perm. record? and lets say i get pulled over by a police officer. im scared my family will ever find out anything about my shoplifting so if the officer says have u ever been arrested what do i answer? when i was caught the police were called and i was read my miranda rights so was i arrested just not formally?
    You have a court date. You will be sentenced.

    Trust me, you were arrested.

    You may be able to get this expunged at some point in the future... but it isn't something you can do on your way out of the courthouse.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught Shoplifting In Mervyns

    Oh, and until it is expunged, when asked if you have been arrested, you say "Yes."

  8. #8
    pigglywiggly Guest

    Question Re: Caught Shoplifting In Mervyns

    i have another question. the letter i recieved demanding 295.00 from mervyns' lawyer was postmarked Apr.2 and they said i have 30 days to send the money. my court is next week on the 15th. im not yet sure if i am going to pay the full amount or in payments or if im going to fight them on it. my question is, during my court date will the letter come up? i believe the criminal aspect of my situation is different from the civil correct?

  9. #9
    panther10758 Guest

    Default Re: Caught Shoplifting In Mervyns

    Once more Civil Demand as nothing to do with court case. If you want a payment plan on Civil Demand do not wait until 30 days are almost over!

  10. #10
    pigglywiggly Guest

    Question Re: Caught Shoplifting In Mervyns

    i called the public defenders office today and they told me they couldnt really give me any advice or counsel until i actually go to cout and get appointed to one of them. but she did tell me that i have to plead not guilty in order to even have one appointed to me. i dont think it makes sense. it doesnt make sense that i would plead guilty and basically represent myself. or plead not guilty which is a lie (i had decided to plead no contest which is basically guilty but i believe it means they cant hold the plea against me in a civil suit is that correct) anyway, i dont know what to plead now, i dont want to plead not guilty because i am but i cant go in blind to all their legal talk and not know half of whats going on. my court date is getting closer this tuesday to be exact and im so anxious to just get it over with.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Caught Shoplifting at Mervyns
    By joey121812 in forum Criminal Charges
    Replies: 1
    Last Post: 10-18-2008, 05:38 PM
  2. Theft and Larceny: Caught Stealing at Mervyns
    By sallyjoe07 in forum Criminal Charges
    Replies: 3
    Last Post: 06-27-2008, 02:21 PM
  3. Retail Fraud / Shoplifting: Caught Shoplifting At Mervyns, 1st Offense, Minor in California
    By dudeartrocks in forum Criminal Charges
    Replies: 5
    Last Post: 02-16-2008, 12:27 PM
  4. Retail Fraud / Shoplifting: Caught Shoplifting in Mervyns
    By greenapplegirl in forum Criminal Charges
    Replies: 14
    Last Post: 08-17-2007, 07:12 PM
  5. Retail Fraud / Shoplifting: Shoplifting at Mervyns
    By pstad05 in forum Criminal Charges
    Replies: 4
    Last Post: 11-26-2006, 01:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources