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  1. #1
    Join Date
    Aug 2008
    Posts
    6

    Default Caught at Target

    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.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: 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.

  3. #3
    panther10758 Guest

    Default Re: 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.

  4. #4
    Join Date
    Aug 2008
    Posts
    6

    Default Re: Caught at Target

    ^^ i got that at the back of my paer, but I have no idea what that means.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Caught at Target

    Quote Quoting Shiner
    View Post
    ^^ i got that at the back of my paer, but I have no idea what that means.
    It 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.

  6. #6
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Default Re: Caught at Target

    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
    You have no choice but to trust them

    Not paying the civil demand will get you into bigger trouble

  7. #7
    panther10758 Guest

    Default Re: Caught at Target

    I like that you steal from a retailer and your wondering if you can trust them! 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.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Caught at Target

    You can always attempt to negotiate a lower payment.

  9. #9
    Join Date
    Aug 2008
    Posts
    6

    Default Re: Caught at Target

    What is the statue of limitations?

  10. #10
    panther10758 Guest

    Default Re: Caught at Target

    The time the law allows them to press charges

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