My friend placed merchandise in my backpack and when I noticed what he was doing I gave him my bag and walked away from him because I wanted no part in it and proceeded to the register because I realized i left my gift card there. Me and another friend were walking out when the friend who actually did something was violently grabbed. I then walked outside with the other friend and was approached by two police officer informing me I'm being detained they searched me and found not a single thing on me. The employees and police officers mocked me being transgendered at that. I felt as if i was being discriminated against.I never was once proven to have intent. I had 913.13 on me at the time along with a gift card with at least 50$ on it. I would like to know if i could fight this
ca penal code 490.5 i don't want this on my record either
The civil demand letter you received does not create an independent obligation to pay if not followed by a lawsuit, which (almost) never happens.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
DUI / DWI Attorney
Do a brief search here on civil demand letters and feel free to actually read Penal Code 490.5. The reality is these letters are scams mainly perpetrated by a Florida law firm Palmer, Reifler & Associates. They are not licensed in California and have never filed a single lawsuit in California. They send out millions of these in hopes of getting paid. Throw it away.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Criminal Defense Attorney
That depends on the evidence they have. retain a good lawyer and get the surveillance video.