Shoplifting, Larceny, Robbery, Theft $15 socks shoplifted from (retail store)

[burdman]

I'm 20 and was recently caught attempting to shop lift a $15 pair of socks from a (retail store) in California. It was my first offense and I have never committed a crime or ever received a violation or ticket in my life. Leaving the store I was asked by a worker to return to the store to talk about the socks I took. I cooperated and followed him to a back room. There he had me fill out some forms, took my picture, took down information, and notified me that I am not allowed back inside (retail store) again. He told me since I was being cooperative and listening and making his job easy that he would not call the cops. I also asked (twice, just to make sure) if this would go on my criminal record, and he said no it wouldn't. He said I would receive a civil demand, and have to pay a fine to (retail store), and if I didn't, I would have a warrant out for my arrest. After reading online I am not required to pay this Civil Demand.

I was wondering, that since it was only $15 worth of merchandise, what are my chances of receiving a petty theft infraction instead of a misdemeanor? Also, what are my chances of having a court date and serving possible jail time? Basically what will happen from here?

I know shoplifting was a stupid decision on my part and I will be paying for this for the rest of my life and I deeply regret it.

 

[shrinkmaster]

You have a 99.9% of getting this fine. Contrary to what you read its in your best interest to pay this. The consequences for not paying can be long term and severe. Is there a chance the store (you should not have named publically) will not take further action? Yes but are you willing to gamble? Store LP already told you they would file criminal report if you failed to pay! You got off easy is it worth the risk they would escalate this? Look up PC 490.5 and related laws Civil demand is the law and they have this law on their side so yes you must pay it. How do I know this you ask. Simple I work in the retail theft industry and have for years I consult or help retailers and private persons (like yourself) in retail theft issues.

 

[mightymoose]

You are not required to pay the demand or do anything at all unless a judge orders it. If you don't pay then there is a chance they would proceed with a theft report and you would have to go to court. If they did do that, a $15 petty theft would most likely be handled as an infraction rather than a misdemeanor, so there would be no criminal record. The court would order you to pay fines.
The demand will likely be a few hundred dollars. Either pay it and be done with this, or don't pay it and hope they don't proceed with a theft report to law enforcement. They have a year to report it.
You would not be arrested and would never see the inside of a jail. If a warrant were issued for this you would be given a citation with a court date.
Your simplest way out of this is to just pay the demand, but the demand letter has no legal weight and does not require you to do anything. It is simply a request. If you are accused of a crime you have various rights which must be honored.
The store would have to make the report (do not say anything to police if they ever come asking questions), the DA would have to file charges, the judge would have to issue a warrant, and then they would have to serve that warrant. Nobody will come looking for you for such a petty warrant. The warrant would not likely be served on you unless you had police contact for some other reason like a traffic stop. It could take months or even years to serve a warrant. By then, the necessary people may not even show up or be available for court. Shoot, you might not even show up which would just result in a new warrant and then they would have to find you all over again. There are many people with more serious offenses that go through this same loop repeatedly and delay action for so long that nobody shows up to testify against them when it finally gets handled.
Of course, you won't likely want a warrant with your name on it as it can effect job opportunities and turn up in background searches.
It is your choice though. Pay the demand or join the legal circus.

Since you acknowledge the theft it is likely best that you just pay and prevent anything further from happening. If you were arguing you were falsely accused I would suggest you make them prove it in court and refuse their silly letters.

 

[shrinkmaster]

True the original demand has no force behind it. However failing to pay the fine will result in higher fine (as much as triple), possible report to credit reporting agencies, as well as possible criminal charges. If they pursue this (in accordance with PC 490.5) they will win in court. You will be ordered to pay higher fine and possibly legal fees of store along with court costs. Not to mention any possible criminal case and charges. If they do seek an order they will get it then they have force of law. Again is it worth the risk?