Welcome to the Law Office of Hieu Vu YouTube channel. Today, we’re discussing an important topic that many people dealing with shoplifting cases encounter: civil demand letters. If you've been caught shoplifting, you may be familiar with the criminal charges, but there's another side to it—the civil demand letter, which you might receive in the mail afterward.
In this video, we explain what a civil demand letter is and how it differs from the criminal charges you’re facing. Civil demand letters are essentially claims for compensation by the merchant for the losses caused by shoplifting, even when the stolen items are recovered. California law permits these letters as a way for retailers to recover their losses. However, many argue that the amounts demanded, often around $500, seem excessive, especially when compared to the value of the items stolen.
It’s crucial to understand that paying the civil demand does not clear the criminal charges. Many people mistakenly believe that if they pay the civil demand, their criminal case will go away. That is not the case. You must still address your court date, or you could face an arrest warrant. We cover how to handle both aspects—criminal and civil—to ensure you don’t face unnecessary legal troubles.
We also explain that civil demand letters typically arrive a few weeks after the shoplifting incident, often before your court date, and come with warnings of possible civil action. Merchants may aggressively pursue these claims, but proving damages can be difficult, especially if the stolen property was recovered.
Our advice: Focus on your criminal case first, and let an experienced attorney handle the civil demand letter. In some cases, paying the civil demand might lead to a dismissal of criminal charges through a civil compromise, but that depends on the specific circumstances. Having a criminal defense lawyer who understands the nuances of shoplifting cases is essential to protect your rights and minimize the impact on your life.
In conclusion, dealing with a civil demand letter and a criminal shoplifting charge can be complex, but with the right legal help, you can navigate both without overpaying or risking further legal consequences. If you have any questions or need assistance, feel free to reach out to our office, leave a comment, or make an appointment.
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
In this video, we explain what a civil demand letter is and how it differs from the criminal charges you’re facing. Civil demand letters are essentially claims for compensation by the merchant for the losses caused by shoplifting, even when the stolen items are recovered. California law permits these letters as a way for retailers to recover their losses. However, many argue that the amounts demanded, often around $500, seem excessive, especially when compared to the value of the items stolen.
It’s crucial to understand that paying the civil demand does not clear the criminal charges. Many people mistakenly believe that if they pay the civil demand, their criminal case will go away. That is not the case. You must still address your court date, or you could face an arrest warrant. We cover how to handle both aspects—criminal and civil—to ensure you don’t face unnecessary legal troubles.
We also explain that civil demand letters typically arrive a few weeks after the shoplifting incident, often before your court date, and come with warnings of possible civil action. Merchants may aggressively pursue these claims, but proving damages can be difficult, especially if the stolen property was recovered.
Our advice: Focus on your criminal case first, and let an experienced attorney handle the civil demand letter. In some cases, paying the civil demand might lead to a dismissal of criminal charges through a civil compromise, but that depends on the specific circumstances. Having a criminal defense lawyer who understands the nuances of shoplifting cases is essential to protect your rights and minimize the impact on your life.
In conclusion, dealing with a civil demand letter and a criminal shoplifting charge can be complex, but with the right legal help, you can navigate both without overpaying or risking further legal consequences. If you have any questions or need assistance, feel free to reach out to our office, leave a comment, or make an appointment.
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
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LifestyleTranscript
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.