Petty Theft Misdemeanor in California 484a/488

[Security Consultant]

Yes they can and most likely will. Here's why. When I was directing Civil Demand operations I sued (in the name of the retailer) a very high rate of of those who refused to pay. The reason is when I would go to small claims court for the hearing I frequently was asked by the judge about how may cases I actually filed on vs those I let slide. If I could not show a high rate of follow through on these cases the judge could and would dismiss the case for selective filing. I had it happen to me - once.

That is why I think that attorney gave you some very bad advise. Remember, in Texas you do not need to be prosecuted for the criminal offense to be charged the Civil Demand.

[ft-if3]

I conducted the misdemeanor in California (that lawyer that also gave me the advice practices in California as well). I will try to get a free consultation with a couple of lawyers and see how I should handle this situation. Right now, I really cannot afford a private attorney, so hopefully, I would qualify for a public defender.

How can I qualify for a public defender? Would I have to bring anything to court?

[PandorasBox]

If your parents can count you as a dependent - you need to talk with them. While you are a dependent, you are under their finances.

[ft-if3]

Damn, I just talked to my mom and found out she claimed me as dependent (last year, I was claimed as independent). How would it look if i pleaded no contest? That's what my friend did and he was able to get the charge expunged after a year. What would be the average rate of a lawyer? Do they work out payment plans? I currently have only about 1.3k in my savings left after paying for school and stuff, and I don't want to get my parents and family involved because this will crush them...

[ft-if3]

Been doing lots of reading and just ran into this
http://www.avvo.com/legal-guides/ugc...enal-code-4905

How should I interpret this? So IF i receive a civil demand, should I pay it?

[Security Consultant]

Here's the section of the Civil Demand law:
490.5.(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.

What this means that they can demand from $50 to $500 even if the merchandise is recovered in salable condition. They can also collect for the amount of the merchandise if it is not salable. Please read what I wrote in post # 15. Whether or not you pay or not is up to you. FYI - I used to enforce a Civil Demand program in California and I've never gone through an attorney to collect. It was all kept in-house.

[PandorasBox]

Here's what can and likely will happen with an unpaid Civil Demand. And if you do a lot of reading on this site, sometime over winter someone posted about how the amount had more than doubled.....

- They send you the first bill. You decide not to pay it.
- They send you a second bill. For twice the amount.
- Sometimes they will send a third bill. For an even higher amount.

Next...they file a Civil Suit in court for the amount of the third bill, PLUS any legal fees (filing the Civil Suit, Attorney Fees).

So what starts at say $150 can turn into a LOT more.

Oh...and it also negatively affects your credit rating.

[ft-if3]

Thanks for all the info. So what that lawyer posted is false? HE said that if you didn't pay the civil demand (which I probably will), they;ll just send more and more letters, which can be ignored (his words, not mine). He also said it WILL NOT affect your credit score unless they sue you

What I wanted to ask about was the compromise that he proposed you can make (nominal fee of ~$50) that would be enough to settle the civil demand. Would this actually work?

Pandora, I read your statement about qualifying for public defenders. I found on this website
http://www.associatedcontent.com/art...er.html?cat=17
that your parents finances do not get taken into account; "only the financial situation of the suspect will be taken into consideration." Whats your take on that?

[Security Consultant]

I never accepted partial agreements unless I had a separate agreement to do so and I did very few. You are right that it will not affect your credit rating unless they take you to court and win a judgment. In my opinion, no a nominal fee would not work. If you were tricky and wrote paid-in-full on the check I would mail it back to you. Look, it costs the retailer about $15-$20 to file against you in Civil Court. They don't need an attorney to do it. It's very simple for them to do so. Don't let anyone tell you it's not and that's why they wouldn't proceed against you. You take your chances.

[PandorasBox]

Hi,

As for your link: Your answer is right here, copied from that link:

Every state (and sometimes counties within states) has different criteria for indigence. Some states base their decisions based solely on the income of the defendant, while others will take into account property ownership, outstanding debts and dependents.

Your parents claimed you as a dependent. Which means they are providing you with money in some way....college, medical care. Which means when you ask for a Public Defender, they will want to you both yours and your parents financial records, to determine ability to pay.