00:00Welcome to the Law Office of HeWru's YouTube channel. Today's topic is both crucial and
00:04highly relevant for many people. Civil demand letters in the context of shoplifting. If you've
00:10ever been caught shoplifting or know someone who has, you're likely aware of the criminal
00:15charges that follow. But what about the civil repercussions, specifically the civil demand
00:20letter you might receive in the mail? This video will provide an overview of what these letters
00:25entail and how they differ from criminal charges and your best course of action.
00:31When you're caught shoplifting in Orange County, you may face charges at the local courthouses
00:36like Fullerton, Santa Ana, Westminster, or the Newport Courthouse. But alongside these
00:42criminal charges, you'll likely receive a civil demand letter from an attorney, as well as
00:47communication from the Orange County District Attorney's Office. This is where things get
00:52complex. A civil demand letter is essentially a claim for compensation from the merchant you
00:58shoplifted from. California law permits them as a means for retailers to recoup their losses.
01:05But this is where it gets tricky. Often the items are recovered, meaning the merchant hasn't really
01:11lost anything. Despite this, you might still receive a demand for an amount typically around
01:17$500. It's a practice that many argue is unfair and unrealistic. For example,
01:25if you got caught stealing a $75 item, does it really make sense for you to pay 500?
01:33Where's that profit going to? These laws are designed to make up for losses, not for the
01:41purpose of profit. Now, it's crucial to understand the distinction between civil demand letters and
01:48criminal charges. They are not the same. Many people mistakenly think that paying off the
01:54civil demand letter will clear their criminal charges. This is not true. Paying the civil
01:59demand letter has no bearing on your criminal case and ignoring your court date can lead to an arrest
02:05warrant. I've had many people call me and say that I got caught shoplifting. I paid a fine,
02:14but somehow I got a warrant. What really happened was they got caught shoplifting and they had a
02:21criminal case and they had a civil demand letter. And then they paid a civil demand letter thinking
02:27that it would make the criminal case go away. After they paid the civil demand letter, they
02:34were under the assumption that their criminal case had gone away. And then it did not. They had a
02:42missed court date and the rest warrant was issued for them at the local courthouse. The process of
02:47receiving a civil demand letter is relatively straightforward. It doesn't happen immediately
02:52after the shoplifting incident. Usually it arrives a few weeks later, often before your court date
02:58and includes a warning that failure to pay may lead to civil action. But proving actual loss is
03:04challenging for merchants, especially when they've recovered the stolen property. Retailers and their
03:10legal representatives often follow up aggressively in these letters. If you ignored it, you might
03:16face civil actions. However, proving damages is difficult for the merchant, particularly when
03:21they're recovered their property. Not responding to a letter could result in a civil judgment and
03:29potential attorney fees, but these are possibilities and not certainties. My advice to clients is
03:35generally not to worry too much about the civil demand letter and shoplifting cases as payment
03:40doesn't affect criminal cases. However, there are instances where paying the demand could lead to a
03:47dismissal or a civil compromise in the criminal case. This is where the role of a criminal defense
03:53attorney becomes vital. They can manage the civil demand letter for you, negotiate with the company
03:59and provide guidance. They prevent civil attorneys from pressuring you into paying unnecessary fees,
04:04especially if the stolen item has been recovered. Additionally, they can help avoid a criminal
04:09conviction for petty theft, penal code 484 shoplifting charge. A civil attorney with experience
04:15in shoplifting cases can only effectively handle these non-criminal issues. A criminal defense
04:21attorney with experience in shoplifting cases can effectively handle these non-criminal cases.
04:26They can reach out on your behalf, express your disinterest in paying and designate themselves
04:31as your representative if a lawsuit is filed. Knowing that you have an attorney often deters
04:36firms from pursuing further action. In conclusion, the legal and financial repercussions of not
04:43responding to a civil demand letter include the risk of a civil lawsuit and the potential for
04:49several hundred dollars in liabilities and attorney fees. It's a complex area and having
04:54an attorney who understands the nuances is crucial. Thank you for watching and remember,
04:59for more legal insights and advice, don't forget to subscribe to our channel. If you liked the
05:04video, give me a thumbs up. If you have any questions, you can leave a comment in the
05:09comment section below or give our office a call. You can also use the make an appointment button.
05:15Stay informed and protected. Thank you for watching.
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