Petty Theft Misdemeanor in California 484a/488

[ft-if3]

Called FOUR different public defenders offices in the county that I'm in and two of them told me that my parents financial status would NOT be taken into account when assigning a public defender because I am an adult. The other two didn't seem to understand my question and told me to go to the court to talk about it (which is 20+miles away). Hopefully, the answer they gave me is correct...

[Security Consultant]

If you are 18+ (adult) you are on your own in court. They do not take your parents income into consideration. You're a big boy/girl now. They only can claim you as you are registered in college.

[ft-if3]

Just got the civil demand letter. $400. Will speak to a counsel tomorrow or within the next week to see if I should pay or not. It seems like a lot of people on this website are advising that you pay the civil demand letter, but it seems ridiculous because the Penal Code 490.5 says that the fine issued if the merchandise is not recovered in merchantable condition + any damages. The item WAS recovered in perfect condition, and will probably go back on the shelf.

I have been reading this post @Avvo
http://www.avvo.com/legal-guides/ugc...enal-code-4905

and many of the lawyers advise not to pay it. If the item was recovered in perfect condition, why would they sue...this civil demand actually seems like extortion.

[PandorasBox]

It's your decision if you pay it or wait and see how it will eventually cost a lot more and ruin your credit rating.

[ft-if3]

Pandorasbox, where do you practice? and do you know of any cases when the suspect has not paid, and then were taken to court? The reason why I am hesitant to pay is because I currently DO NOT HAVE THE MONEY. and do NOT want my parents to become involved with this issue since my family is already going through a lot right now...

[PandorasBox]

I'm not a lawyer, just a volunteer here. Have been volunteering for over a year.

If you read through this site, you will see a few people that refused to pay and ended up having to pay a higher amount.

While the other site you link to states you should not pay the Civil Demand, his reasoning is all wrong. Shoplifting costs stores money; it costs paying customers money as well.

Again, it is up to you to pay it. We, here, have advised you to pay it. I have nothing to gain if you pay it, nothing to lose if you don't pay it.

[ft-if3]

if possible, could you link me to those threads? thanks again for the help. i just want to know and learn everything that i can do possible.

[PandorasBox]

It's somewhere on this forum....in the shoplifting part....happy reading.

[Cutesy]

HI, I was wondering if you went to court. If so, what happend? Did you end up getting a PD?

Let me know please, I am in the same situation as you are & I do not know what to do!

[PandorasBox]

Read through the threads. You need to work for yourself to find the answers. I'm not trying to sound mean, but I am not paid to do your research for you......