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  1. #1
    Join Date
    Sep 2008
    Location
    California
    Posts
    4

    Default I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    My question involves criminal law for the state of: California (Southern)

    on September 19, 2008 I was caught shoplifting at urban outfitters. I was found with 50-60 dollars worth of merchandise (Three head bands and a pair of earrings) They kept me in the back room until my parents could pick me up- otherwise they would have had to call the cops to escort me out. My dad was on his way to pick me up, but he took longer than an hour and the woman holding me in the back room wanted to go home, so she called someone on the phone and asked if she could let me go if I've been waiting for an hour and if she spoke to my dad on the phone. I'm not sure what the person on the other end of the phone said, but she ended up letting me go after talking to my dad on the phone.

    let me stop here- my first question:
    Did she follow procedure? How was she sure it was my father on the phone? If I were to bring this up at my court date could the charge be dropped?
    Or, would this just annoy the judge and make him more angry?

    my second concern:
    My job. I work in a small coffee shop at a hospital. Do you think my boss would do annual/semi-annual background checks and find out about this?
    Is there a way to get my record cleared before I turn 18? I heard I could plea No Content, is this available in California? And if it is, what exactly does it entail? I also heard about classes that could possibly clear my record, is this true in California?
    -------------------

    The woman at urban outfitters also informed me that i couldn't be near the store for 3 years, that I would be receiving a letter to tell me when my court date would be, and she gave me a paper that said "Civil Demand Customer Notice" (if you want to know exactly what the paper says, ask me and i'll type it out for you).

    The police were not notified. But, she did take down all my info from my I.D and she filled out a lot of paperwork.



    Please, help me understand my situation better!
    And sorry that I wrote so much i'm just really stressing over this.

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

    Default Re: I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    Did she follow procedure? How was she sure it was my father on the phone? If I were to bring this up at my court date could the charge be dropped?
    Or, would this just annoy the judge and make him more angry?
    This isn't going to help you in court. If you have court. Did they tell you that you would have to go to court (send the info to the prosecutors office, etc)? Or is it just a civil demand? We can't really help you unless we know if your gonna be charged criminally or not.
    If your unsure, maybe your father could either explain it to you or he can call the store and speak with the manager to see what the stores intentions are.
    If you go back into the store, they can and likely will charge you with treaspassing. Not a good idea.

    If your charged criminally, you will need a criminal defense attorney to try and keep this off your record. A local attroney will have the best knowledge about what diversion programs are out there.

    Not following "procedure" like you think will not result in any of the charges dropping or changing. She also had the right to call the police and have you wait at the police station. You were cut some slack here.

  3. #3
    Join Date
    Sep 2008
    Location
    California
    Posts
    4

    Default Re: I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    They told me i'd be given a date in which i'll have to appear in court, but they also told me something about civil demand. they gave me this paper that said:

    "Civil Demand Customer Notice

    You have be stopped for a shoplifting incident. State law permits merchants to recover civil monetary damages and other possible damages from you as a result of this incident.

    These damages take into consideration the value of the merchandise, whether or not it has been damaged or rendered non-saleable., the costs of security, and any other restitution permitted by law.

    You will be receiving a letter in the future, explaining the amount of monetary damages Urban Outfitters, Inc. will be seeking.

    Any questions you have regarding this incident may be directed to the Law Offices of Attorney _____, (then gave the phone number)."




    what is the difference?
    Is civil demand better?

    The lady also told me it will be on my record.
    & are attorney's expensive? I can't afford it.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    In a shoplifting case, there are two penalties allowed by law.

    One is criminal. That is designed to punish you.

    One is civil. That is designed to make the retailer "whole".

    You can be arrested and fined by a judge. That is the criminal part.

    You can be fined via a vehicle called "civil demand". That is the civil part.

    You will have to satisfy both. Both may involve a fine. (the civil demand IS a fine... usually a couple of hundred dollars or so).

  5. #5
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    what is the difference?
    Is civil demand better?
    see cyjeffs above response for the explanation. One isn't better than the other. You should hire an attorney to try and keep your record clean and thats gonna cost you quite a bit, plus court costs and probation fees if applicable.
    The lady also told me it will be on my record.
    & are attorney's expensive? I can't afford it.
    You can't afford not to get an attorney if you want a clean record. Its not gonna work both ways. This is the punishment for getting caught shoplifting. This is what happens when you break the law.

  6. #6
    Join Date
    Sep 2008
    Location
    California
    Posts
    4

    Default Re: I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    Okay, thanks.
    But someone told me that they were able to take classes to get their record cleared. Is this avaliable in California? The person who told me this was also 16 and was in the state of Texas.

    Also, am i able to plea No Content in California?


    I just just talking to my mom and she was saying, "it'd be kinda weird.. walking into juvinal court with a lawyer."

  7. #7
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: I'm a Minor and I've Been Charged for Shoplifting. How Can I Clear My Record?

    Quote Quoting c.shalom
    View Post
    Okay, thanks.
    But someone told me that they were able to take classes to get their record cleared. Is this avaliable in California? The person who told me this was also 16 and was in the state of Texas.

    Also, am i able to plea No Content in California?


    I just just talking to my mom and she was saying, "it'd be kinda weird.. walking into juvinal court with a lawyer."
    To find out what diversion programs are available to you, you should, as stated before, hire a local attorney who is familiar with the local court system. A lot that happens to you will depend on if your charged in adult or juvenile court. No one here can help you better than your attorney.

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