Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
24/7 Help:
(866) 361-0010
Before you call us:
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
- civil matters
- CCWs or gun right restoration
- labor
- family law
- immigration
- landlord/tenant
- harassment
- restraining orders
And we do not handle any cases outside of California.
Call Us NowCan I go to jail if I “Dine and Dash” in California?
Posted on
If you walk out of a California restaurant or bar without paying your bill – “dine and dash” as it is often called – you are committing a crime and could land in jail.
California has a specific criminal statute that deals with “dine and dash” situations, though it does not refer to it as such and has a rather misleading name. Sometimes referred to as the “Defrauding an Innkeeper” law, California Penal Code Section 537 PC may sound like it only applies to hotels and motels, but is in fact much broader.
Under Section 537(a), it is a California criminal offense to:
“obtain any food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, or public or private campground, without paying therefor, with intent to defraud the proprietor or manager thereof”
In order for leaving without paying to be a crime, it must have been done “with the intent to defraud.”
Evidence that you left the premises of the restaurant or other establishment set forth in the statute without paying or offering to pay for your food or beverages will be taken as prima facie evidence of your “intent to defraud.” Penal Code Section 537(c).
The penalties upon conviction for a violation of Section 537 depend on the size of the tab:
- If the value of the credit, food and beverages is $950 or less, you could be fined up to $1,000 and/or sentenced to up to six months in county jail.
- If the value of the credit, food and beverages is greater than $950, you could be sentenced to one to three years in county jail.
But not all cases are cut and dry. A good criminal defense lawyer may be able to help you get the charges reduced or dismissed.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Featured on
Useful information Blog Posts:
Yes. Misdemeanor cases can, and many times do, go to trial either before a jury or a judge. However, the vast majority of misdemeanor cases resolve short of trial because they get plea bargained or dismissed by the court or the prosecutor. An accused can also avoid trial by pleading guilty or no contest to ...
It can be. There are times when defendants in criminal cases may want to waive their right to a jury trial, and instead have a bench trial where the judge alone decides guilt or lack of guilt. Examples of when a defendant may want to waive a trial by jury include when: the defendant is ...
The difference between negligence and malpractice lies in the standard of care to which the wrongdoer is held. Everyone has a duty to behave as a reasonably cautious and careful person. Breaching this standard of care, and thereby hurting someone, constitutes negligence. But certain professionals, such as doctors or lawyers, are held to a higher ...
Police misconduct and abuse involving tasers is very common. Tasers and stun guns burst onto the law enforcement scene in the 1990s. They are sometimes billed as “nonlethal” alternatives to firearms. But in fact, tasers and stun guns are very serious and even lethal weapons. Over 350 people in the United States have died after ...