Legal Question in Criminal Law in California

Hello,

I was arrested for shoplifting, the amount was over $100 dollars... I've been offered a civil settlement from the store I stole from. I have never been arrested for anything, I have a clean record (I am 42 years old) I did it because I was broke.

I want to know if it is a good idea to settle the civil suit prior to going to court for the criminal suit by the county (I hope I have that process correct). I was planning to plead guilty and hope for a reduced charge, meaning I want to do whatever I can to prevent having a Felony record.... therefore if I settle the civil suit prior will it affect my chances of getting a reduced charge. I think I need to hire an attorney

Thank you

Alan


Asked on 3/22/10, 1:48 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

There are two things happening here: a potential criminal case and a "civil demand letter."

There are a number of law firms that send out these civil demand letters, but I have never heard of a single lawsuit being filed in California if someone refused to pay. It has nothing to with the criminal case and I usually advise clients to ignore them. Since they are paid a percentage of what they collect, they usually give up after sending a few letters.

If you are being charged criminally, you definitely need a lawyer to help you. If you can't afford to hire your own attorney, the judge will appoint the public defender.

If you want a reduced charge, that needs to be negotiated BEFORE you enter a plea. If you plead guilty, it's too late. Do yourself a favor and have an attorney review all of the facts before you make a decision

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 3/27/10, 4:29 pm


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