Legal Question in Criminal Law in California

charges

I was caught shoplifting and signed the civil damages lwetter. After the pd took me into custody but gave me a certificate of release, not booking me oir pressing charges. Can the store still press charges after te fact?


Asked on 6/19/09, 8:29 pm

5 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: charges

Possibly. You could get a letter in the mail from the district attorney. Why not, you confessed.

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Answered on 6/19/09, 8:31 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: charges

Yes. You have already committed to trusting them by signing the letter, so you may as well go ahead and pay what they want, and if you are lucky they will not file charges. It is always best to talk to a lawyer BEFORE you sign anything other than a promise to appear in court, such as on a citation.

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Answered on 6/19/09, 8:44 pm
Joe Dane Law Office of Joe Dane

Re: charges

Because the police were called, you will likely face criminal charges for petty theft. The DA has up to a year to file charges against you.

See my website (search for "theft") for information about shoplifting charges and defenses.

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Answered on 6/19/09, 8:45 pm
Brian McGinity McGinity Law Office

Re: charges

Generally the district attorney has 1 full year to file charges against someone alleging a crime has been committed. It sounds like you went through a "cite & release" which means you were cited for a misdemeanor and instead of booking you they released you because you promised to appear in court on a certain day and time or that you would appear when notified of the time and place. Since the Police were called I believe the district attorney will file charges against you for petty theft (under $400.00) and you will have to decide what to do at that time. I suggest you contact an attorney and get proactive in fighting your case and asserting your rights. Good Luck

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Answered on 6/19/09, 8:58 pm
Brian McGinity McGinity Law Office

Re: charges

Generally the district attorney has 1 full year to file charges against someone alleging a crime has been committed. It sounds like you went through a "cite & release" which means you were cited for a misdemeanor and instead of booking you they released you because you promised to appear in court on a certain day and time or that you would appear when notified of the time and place. Since the Police were called I believe the district attorney will file charges against you for petty theft (under $400.00) and you will have to decide what to do at that time. I suggest you contact an attorney and get proactive in fighting your case and asserting your rights. Good Luck

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Answered on 6/19/09, 8:58 pm


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