Fight Your PettyPen. Code, § 484 Theft and Shoplifting Charge
You've just been arrested at South coast Plaza, at Macy's for shoplifting or Sephora. You walked out, loss prevention, grabbed you, and it took you in the room. They gave you a civil demand letter and they gave you a piece of paper for courts. The good news is that this does not have to be a conviction on your record. There are ways to get out of this and we're going to show you how and we're going to show you your options and how the system works.
As Seen On
Other Collateral Consequences to Consider When dealing with Petty Theft and Shoplifting
Civil Problems from the Department Store
You will most likely get a civil demand later from the department store citing a civil code which entitles them to money. This is called restitution. They are legally entitled to it; however it is important that you consult your lawyer on how to handle these letters.
I get a lot of questions about shoplifting, civil demand letters. A lot of times people make a mistake. They go out to South coast Plaza, to do a little shop lifting and what happens is they get caught, they have to deal with the court process and then you get a letter in the mail asking you what he stole like $50 items. All of a sudden they asking for restitution and about $500 what the hell is this? You didn't steal $500. I think the letter is a whack. It came from a windmill and these mills have been generating letters. My personal opinion, I have my own ways to deal with it. These letters are way to make money and you really have to know what they are thinking, what's going through the head of these companies are sending out the letters, how much effort they're putting into each one. You have to know whether or not they will call you on not paying the letters. Also, an important thing to remember is even though you paid the letters, it doesn't mean that the case will go away.
Petty Theft and Shoplifting Laws may differ from state to state. I get clients who are accused for Costa Mesa Shoplifting. For one reason or another, clients love to shoplift at department stores. Clients will questions about things outside the criminal justice system once they are caught. One of these questions is whether they should pay the demand letter which is sent to them as a result of their Shoplifting case. The consensus in the criminal defense community is to not pay them. These are letters are generated in bulk to take advantage of the Shoplifting Laws. In addition to this, they may follow up with their threat, but they will be unable to make a profit. These are not profitable lawsuits for them. They generate these letters because a lot of people pay them. A lot of people do not know better and pay these. They say hindsight is 20/20.
There have been offices that are willing to go as far as putting a negative credit mark on a person’s report, but this is probably illegal. Furthermore, another reason to consider not paying this is that the letters are not civil compromises. Paying these letters does not make the criminal charges go away. The only thing these things go away is your nervousness and your money. At the end of the day you still have to deal with the Shoplifting Laws and the criminal charges involved with your Costa Mesa Shoplifting case.
Paying the letter will not make the case go away. It’s a quick fix for your anxiety and the like most quick fixes your shoplifting case will not disappear these letters regenerated in bulk. The companies who generate these letters make money off the people who are scared and pay them. These letters are not worth the paper they are printed on.
Dispute your Civil Case
Attorneys who represent department stores will back down when they see a person has representation.
Stay Away Order from the place
You will be ordered to stay away from the store and your information will be put into a database which will prevent you from going back to the store.
You will also get a criminal record, however let’s say this happens, you can still get your case expunged later. However, until then you will have a misdemeanor on your record.
Shoplifting laws are the same; however the consequences are different depending on which court you are at. Despite the name petty theft, having a history of petty theft is very detrimental to your future. Employers are very reluctant to hire anyone with a criminal record. This is even more so with a person with a theft crime in their background. You simply need to ask yourself, do you want someone with a theft background working for you?
Escape a Criminal Conviction
Keep your record clean with an award winning attorney.
Possible Jail Time
In some circumstances you can be exposed to jail time.
About Hieu Vu
SuperLawyers Rising Star
Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. . Only %2.5 of Attorneys are selected to Rising Stars
SuperLawyers Rising Star
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
SuperLawyers Rising Star
Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
Super Lawyers recognizes only the top five percent of attorneys from more than 70 practice areas per state. Rising Stars honors the top 2.5 percent of up-and-coming attorneys.