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California Penal Code 490.5 (b) & (C)

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ArtA

Junior Member
I am a teen counselor for a Southern California city school district. One of my kids (16yrs)recently was stopped at a retailer for allegedly shoplifting. Police arrived and returned to the store all merchandise in undamaged resellable condition. There was some confusion over what had occurred so the police did not cite nor arrest this child.

The childs mother is in prison and the father is homeless. She currently resides with an Aunt. (not a legal guardian) The lawyers for the retailer sent a letter to the childs parents requesting a payment of $ 500 as a civil penalty. The child is not employed and diligently working hard to improve her life by way of education. The child wants to do the right thing but cannot obtain $ 500 to pay the law firm.

My question is: If there was no stolen or damaged property and no citations were given how likely can it be proven that the retailer has been "Injured" as the law states?

Can the law firm for the retailer pursue legal options against this child? and how likely are they to do this rather than forgive the incident?
 


Antigone*

Senior Member
I am a teen counselor for a Southern California city school district. One of my kids (16yrs)recently was stopped at a retailer for allegedly shoplifting. Police arrived and returned to the store all merchandise in undamaged resellable condition. There was some confusion over what had occurred so the police did not cite nor arrest this child.

The childs mother is in prison and the father is homeless. She currently resides with an Aunt. (not a legal guardian) The lawyers for the retailer sent a letter to the childs parents requesting a payment of $ 500 as a civil penalty. The child is not employed and diligently working hard to improve her life by way of education. The child wants to do the right thing but cannot obtain $ 500 to pay the law firm.

My question is: If there was no stolen or damaged property and no citations were given how likely can it be proven that the retailer has been "Injured" as the law states?

Can the law firm for the retailer pursue legal options against this child? and how likely are they to do this rather than forgive the incident?

I'm not an attorney but I'd say that the retailer has certainly suffered damages with regards to this shoplifter and many others. They have to employ security people and use cameras just to name a few of the extra expenses. The civil penalty being imposed is not illegal.

This teen needs to be held accountable. Odd jobs, like dog walking, house cleaning, yard work are all ways to earn the funds needed to pay the penalty. She is actually lucky that she was not arrested and isn't being charged criminally - yet.

It is really sad to know that her parents are in the position they are in. She is going to be headed in that direction if someone doesn't teach her about the legal and moral way to behave in society.

Working off this debt is going to be a good first lesson.
 

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