Legal Question in Criminal Law in California

Re: Criminal law on apprehension of shoplifter on store site by owner

IT IS CRITIAL THAT YOU SPEAK TO A LAWYER ASAP, or the public defender at court. PLEASE CALL IF WE CAN HELP. LARRY WOLF 310 277 1707

Re: Criminal law on apprehension of shoplifter on store site by owner

Merely knowing the law won't help your son. You really should speak to a criminal lawyer in your area, and consider hiring a lawyer to represent him. It is the lawyer who will negotiate a settlement of the case, notwithstanding the law that allows this type of shoplift case to be charged as a robbery. Or, if the facts don't justify the robbery filing, it is the lawyer who will make the motions to reduce the charge to a petty theft. If you'd like to speak to me about this matter, don't hesitate to call me at 310 393 0639. Steve Mandell, Attorney at Law, Santa Monica

Re: Criminal law on apprehension of shoplifter on store site by owner

Please be aware that it is not the police who will file the final charge; it is the District Attorney or City Attorney who make that decision.

This type of senario is fact driven. Your son should tell his attorney if there are any witnesses to what happened if these wits. can substantiate his story. The attorney should send an investigator to interview the victim and any wits.. Too, some stores have video cameras that tape continuously and obtaining this might, (not will) be helpful. However, this is only suggested IF YOUR SON IS CORRECT in his version. Again, as with the other responses, seeking an attorney with criminal law defense is imperative and crucial and you should not do any "investigation" on your own. As is said, one who represents himself has a fool for a client. This could apply to a loving parent who would inadvertantly do more harm than good. Good luck.

Re: Criminal law on apprehension of shoplifter on store site by owner

Unless you are skilled in procedural matters, merely knowing the law will not help you or your son. The District Attorney will file the charges based on the facts reported by the police and, when there is time, by private counsel. Here, there is no time for a lawyer to write a letter to the D.A. The charges have probably been filed. While the public defender assigned to your son's case can give you some guidance, be aware that the P.D.'s have massive case loads. However, as stated in the other replies, a good private attorney will send an investigator to interview witnesses and the store owner. The first appearance, on the 4th, will be the arraignment, when your son will be told the charges and allowed to plead guilty or not guilty. Often, a court will allow you to continue the arraignment for a week or two, without pleading anything, for the purpose of seeking a private lawyer. I agree with the previous reply that this case is heavily fact driven. That means that everything depends on what can be proven, not what can be accused. Thus, a thorough knowledge of criminal procudure is what is necessary here. Please, seek private counsel so that you may discuss the facts in detail and have someone who can guide your son through this experience. I am in Santa Barbara, California, if you are in the area, click on my biography and call the number listed.

Re: Criminal law on apprehension of shoplifter on store site by owner

Thanks for your posting. You've already received several responses, but I should add that if you are looking for information on the law, you might want to check out your county law library, or the resources on www.findlaw.com, which is free.

However, I do want to concur with the other opinions you have received here -- what the law states is only the beginning. A good attorney will scour the police report, looking for missing information, additional discovery, mistakes, and any legal defenses, such as improperly obtained evidence or admissions, and work with your son to bring out any factual defenses.

These are different in every case, but often do more to reduce or dismiss a case than just reading the law and the elements (which is important too, but only one facet of a defense).

I hope this helps, but if you have other questions, need more information, or want representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can, and I wish you and your son the best of luck.