Does one have to pay the fine for petty theft from the merchant? Can the store file a criminal case again you if you don't pay?

The "civil demand" is separate and apart from a criminal prosecution. The store cannot prosecute you for anything--only the DA can prosecute criminal cases. The DA generally cares not whether or not the "civil demand" is paid. The consensus among most defense attorneys is to NOT pay the civil demand. If you are notified of criminal charges, retain an experienced criminal defense attorney. Payment of the civil demand WILL NOT preclude nor discourage criminal prosecution.

You are most likely referring to a civil demand letter. These are very common and the #1 question asked on . Paying the civil fine will have no impact on the criminal case. Your friend should NOT pay the fine and ignore all future letters. However, if they receive a letter that includes a court date for a criminal case, they need to appear on the scheduled date.

Theft occurs, not because someone takes the item permanently without paying, but when one takes the item with intent to deprive the rightful owner of the item permanently. So whether your friend failed to keep the item is not an issue in establishing a theft charge. I suggest your friend be as cooperative as he can with the store, or otherwise, he should get a lawyer.

These civil demand letters are NOT a fine. Only the court can impose a fine. Most of the lawyers who send out these letters are all bark and no bite. As far as I can tell, none of these letters has ever been followed up with a lawsuit in California. The law firms work on commission, taking a percentage of what they collect and sending the rest to the stores. If somebody doesn't respond by the second or third letter, they usually stop wasting stamps. It's probably safe to ignore letters from the stores. It would also be a crime (and a serious ethical breach, which could get them in trouble with the State Bar) for the lawyers to threaten to turn the matters over to the police if your "friend" doesn't pay. However, DO NOT ignore letters from the District Attorney or the courts. That's what gets people arrested.

The civil demand does not directly impact the criminal case. This is because the DA's, not the store, files the criminal case. The store can technically sue your friend, civilly, for the money, but they'll in all likelihood never file the case because it isn't cost-efficient. So no, don't pay the civil demand. There is one giant exception: sometimes, the prosecutor may make an offer that is tied to the civil demand. For example, in the city of San Diego, the City Attorneys offer a diversion program where if, among other things, the defendant: 1) pays civil demand, and 2) takes a class, they'll dismiss the case. If such an offer was made, COMPLY!!! The civil demand is expensive, but the chance to avoid a conviction is valuable, too. Tell your friend to check with his attorney about the terms and conditions of the plea offer.

Criminal charges in theft cases like this are filed by the District Attorney, not the store. The store would be considered the victim by the DA's office. The letter you're referring to is likely a civil demand letter, and paying the demand would not automatically result in the dismissal of a criminal case is one has been filed. If the items have been returned, there really shouldn't be any reason to pay, unless their lawyers are claiming something else. Your friend would do well to speak with an attorney in person, that way the conversation will be kept confidential, and she would be able to get a better idea of what her options are based on her particular set of facts. Consultations for potential criminal matters like that are generally free.

To my knowledge these letters are just a numbers play. They send them out to hundreds of thousands of people. If they scare even a small percentage of people into paying, they see a return on their investment.