Legal Question in Criminal Law in California

confused about felony burglary vs. misdemeanor shoplifting

My 18 year old daughter was recently arrested and

charged with 2nd degree burglary. Her alleged

crime was going into a grocery store ''wth the

intent to steal'' something, which they determined

based on a clerk's account (and supposedly a

surveillance tape which i have not seen) that they

had seen her steal something previously, for

which she was never charged or arrested. My

question is, is it likely that she will actually be

convicted of a felony when she didn't steal or

conceal anything? Would it be

smart to plead guilty to a felony and take a deal of

30 days jail time as the public defender is

recommending? (This, by the way, without even

having spoken to my daughter.)


Asked on 3/13/01, 8:43 pm

3 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: confused about felony burglary vs. misdemeanor shoplifting

In order to adequately answer your question, I would have to know a great deal more information than you have written here. But you allude to some interesting issues, all of which would militate against taking a quick plea, especially to a felony. You and your daughter should really sit down with a criminal lawyer, discuss the case fully, and then make some decisions about how to proceed. Most attorneys give free legal consultations. If her case is in Los Angeles, don't hesitate to call me at 310.393.0639 for a free consultation.

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Answered on 5/22/01, 9:32 pm
Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: confused about felony burglary vs. misdemeanor shoplifting

MAM: I WOULD NOT PLEAD TO THE 30 DAYS JAIL !!! I WOULD HIRE A LAWYER THAT CARES ABOUT YOUR DAUGHTER AND WILL WORK TO GET HER FREE...CALL ME : 310-201-0909 FREE CONSULT..SEE ME @: WWW.BSANDSLAW.COM..

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Answered on 5/22/01, 10:44 pm
Victor Hobbs Victor E. Hobbs

Re: confused about felony burglary vs. misdemeanor shoplifting

I've reviewed Barry and Steven's answers.

Your daughter is 18 and the client. Although you might make some suggestions ultimately, your daughter is going to make her own decisions.

This is not felony material if this is her first crime. You never ever plead to a felony with something like three years probation hanging over your daughter's head. They violate her probation and she could be doing a couple of years in prison.

Her attorney is entitled to get a copy of the tape, and review the tape with your daughter. And you may attend, if you're invited.

In summary no felony plea unless the charges are very serious. There are many things that can be done by a competent attorney to mitigate the charges, and get a better deal from the district attorney. I once talked the D. A. down form 15 days in the county jail on a $350.00 shop lifting charge to counseling with a psychiatrist that the judges and D. A's knew and trusted.

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Answered on 5/23/01, 12:07 am


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