How long does a store have in california to file criminal charges on petty theft?

A store cannot press charges. Only the District Attorney can file charges. The store can report the theft to the police, who forward their own reports to the DA, who decided whether to file charges. If it's been more than a year, the DA cannot file misdemeanor charges. What you paid is not a fine, and has nothing to do with a potential criminal case. It is a civil demand from a law firm that threatens people but rarely, if ever, sues anybody. You could probably have thrown their letter in the trash and that would have been the end of it. This issue is discussed on so often that I've written a legal guide on the subject, and the link is at the end of this post. I'm not quite clear on the nature of the threats you're getting from this loss prevention guy, but I'm getting a very creepy feeling that you are a woman and he is asking for sexual favors. It is usually illegal to record telephone conversations in California unless both people know about it, but there is an exception for cases of extortion. California Penal Code §633.5. Without more information, I am hesitant to advise you to call the police. I am in Northern California but have friends who practice criminal defense in Riverside County. If you call my office on Monday, I will see if someone down there who can help. Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like , anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

The store doesn't "file" charges. The DA does, and in a misdemeanor case, he has a year FROM THE TIME OF THE INCIDENT (not from the time the store makes a police report) to do so. There are some things about your question I don't understand. What do you mean by "their system"? WHOSE system? And to whom did you pay a fine? And was this fine recorded by a court as a civil compromise? I also don't know what you mean by "to get what he wants from me," but whatever it is he wants, you have told me that the year is up. Shoplifting is a misdemeanor; blackmail is a felony. You should mention this to Mr. Loss Prevention when you tell him to go piss up a rope. And you should stop committing petty theft, which (if you get convicted) is definitely not a resume-builder.

Unless they can prove that you had the intent to steal (burglary), the statute of limitations for a petty theft that occurred over a year ago has run out. Burglary can be prosecuted as a felony and the statute of limitations is 3 years. The other issue is whether you have a prior petty theft. If you do, you could be charged with a petty theft with a prior which could be charged as a felony. However, assuming you have no prior record, the statute of limitations appears to have run out as the stealing shampoo would be filed as a misdemeanor and the statute of limitations is only a year. Kmart is out of luck. More importantly, they would need to file a private citizens arrest to pursue this and the DA will be suspicious about filing a case that is reported more than a year later.