A premier criminal justice lawyer with 30 years of legal expertise, David Pflaum protects your rights if you have received a civil demand letter for petty theft or shoplifting.
Many people who are cited or arrested for petty theft or shoplifting receive a civil demand letter.
This is a written demand on behalf of the owner of the store for restitution, which is a payment of money for alleged damages.
It is best not to take any action until you speak with an experienced defense attorney.
The most common petty theft and shoplifting charges are found in Penal Code sections 459.5, 484, 488, and 490.5.
HOW THE CRIMINAL DEFENSE ATTORNEY
HELPS HIS CLIENT WITH A PETTY THEFT CHARGE
The successful criminal attorney must have a firm grasp of the laws and procedures that apply to the proper representation of a client charged with a petty theft crime.
Most people charged with a theft offense are not put in jail or custody.
They receive a Notice to Appear, a citation, or a letter from the San Diego County District Attorneys office ordering them to come to court on a specific date and time.
WHAT YOU SHOULD KNOW
ABOUT PAYING A CIVIL DEMAND FOR PETTY THEFT
The issue of whether to pay money in response to a civil demand letter is complicated and depends on several factors.
The individual should consider the facts of the arrest, the evidence in the criminal case, the nature of the demand letter, and the amount of the civil demand.
There are many ways to defend or resolve a charge for petty theft.
Depending upon the circumstances of the case, many cases of petty theft may be resolved by way of a plea bargain to dismiss or reduce the original charges.
The plea bargain is a vital part of the process in the criminal justice system that involves an agreement between the criminal defense lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports to develop the strengths of a case.
A jury trial may be successful to prove that a client accused of committing a theft crime did not intend to steal any property or did not take anything at all.
The most common defenses are as follows.
- no specific intent
- no motive
- insufficient evidence
- lack of proof
- no corroboration
- no witness credibility
PROVEN RESULTS FOR CLIENTS
EXPERIENCE MAKES THE DIFFERENCE
Click on results or testimonials to learn more about successfully defending a petty theft charge.
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