Civil Compromise in a Theft Case

Allegations of theft usually take place at large retail stores like Target, Sears, and Walmart. These establishments have their own security protocols in place, including but not limited to: guards, cameras, detectors, and other devices. These steps prevent merchandise from being taken unlawfully.

Despite these steps, people will sometimes take an item without consent. When this happens, the injured store will send a civil restitution demand letter to the perpetrator. Further, a theft charge is usually filed against the individual shortly thereafter. A misdemeanor or felony carries possible jail time, fines, and a permanent criminal record, which could affect employment in the future. So, theft can lead to both a civil and criminal case.

Under California law, when a person is charged with a theft crime, like petty theft, there may be an opportunity to have the charge dismissed.

A civil compromise is one way that a criminal charge can be dismissed. Pursuant to Penal Code section 1378, an injured party may indicate to the court that it has "received satisfaction" for the injury. In other words, the victim of the theft can represent to the judge that there was an agreement made between the parties. At that point, the trial court, in its discretion, may stay the prosecution and order the defendant to be discharged. The case cannot be adjudicated again. Let me be clear though that the judge is not obligated to accept a 1378 civil compromise. Also, a victim may not be open to a civil compromise.

While every company does not offer this type of civil compromise, a criminal defense attorney can certainly explore this option.

Moreover, a civil compromise is not the only way to successfully defend against a theft charge. A defendant may be able to argue insufficient evidence, or mistaken identity. There have been instances where an employee at the store made false accusations. A video may vindicate a defendant.

Similar to a drug diversion, sometimes a defendant can even receive a conditional dismissal. A conditional dismissal means that a court will eventually dismiss the case after a condition has been met.

My office has negotiated conditional dismissals in past theft cases. For example, one client had his petty theft charge dismissed after he completed 10 hours of theft classes. Such plea bargains enable the defendant to avoid jail time and other negative consequences.

Regardless of the different ways a case can proceed forward, it is important to have a criminal defense lawyer retained on your case. Experience and commitment goes a long way in a theft case. We welcome your calls and questions.

California Prison Reform

Governor Brown challenges California prison reform

For decades, California’s prison system has been out of compliance with basic human rights requirements. Over the last 10 years, the system has been operating near 200% of its design capacity. This severe overcrowding has led to a litany of abuses from grossly inadequate healthcare, to the virulent spread of infectious disease, to a stunningly high suicide rate among inmates. Long under Federal receivership, California’s inmate mental health system is an abject failure. Combined with the rampant use of constitutionally questionable variations on solitary confinement, these failures have played a significant role in California’s inmate suicide rate. With an average of 24 suicides per 100,000 prisoners, the State sits well ahead of the national average of 16 suicides per 100,000 prisoners.

Solitary confinement

Amnesty international released a report in September of 2012 describing California’s practice of caging inmates in solitary housing units (SHUs) as a blatant violation of both the 8^th Amendment’s prohibition against cruel and unusual punishment and international laws on the treatment of humanity. Mental health experts warn that SHUs should be an option only of last resort because even a few days under such conditions cause severe trauma. In 2011, California was host to over 500 inmates housed in solitary confinement for over 10 years; some of them only children when first incarcerated others with significant and well known mental health problems.

Slow legal response

In response to these, and many other issues, a number of human rights organizations filed suit on behalf of prisoners seeking federal intervention. In 2011, after a tortuous legal battle spanning many years, the Supreme Court upheld a lower court decision requiring California to reduce its prison population to 137% of capacity by June 2013. This ruling lead to the current realignment crisis under which the state has been shifting prisoners from state facilities to county jails and borrowing from county funds to cover state prison costs. Political backlash last year stalled this effort and put pressure on Governor Brown to challenge the court order. In March, a Federal judge denied the Governor’s petition to have the prison order terminated; leading Brown to publicly state that he would again take the case all the way to the Supreme Court rather than continue to comply with the 2011 order.

What you can do now

In the meantime, California’s prison population continues to suffer under difficult conditions, sometimes in violation of the Constitution, international law, and a direct Supreme Court order. While the legal wrangling continues at the state and national level, I am working hard to secure remedies for individuals. By filing Petitions for Writ of Habeas Corpus, I can sometimes challenge an inmate’s confinement in state or federal prison.

If you or a loved one is currently incarcerated in California’s broken system, do not wait on a political solution for reform. While I remain optimistic that reform will be implemented, legal rights should not be kept on hold in the meantime. Please, contact my office immediately to determine whether you can seek post-conviction relief. As Justice Kennedy stated in his 2011 opinion, even convicted criminals have basic rights to their humanity. I can help fight for yours.