Legal Question in Criminal Law in California

My daughter (20) and her best friend (21) went to Kohl�s with her friend�s twin one year old babies. They went there because they were taking the babies to the Monterey Bay Aquarium, and it was cold down there and needed to get a long sleeved outfit for the girls. I don�t know how long the girls were in the store, or what, but I do know they went into the dressing room and I don�t know what they tried on if anything. My daughter�s friend goes to the register with the babies to pay for the two outfits. My daughter carries the diaper bag out to the car while her friend pays. My daughter was returned to the store by I am assuming a loss prevention officer. By this time, her friend was coming towards my daughter with the (girl babies) to leave. The loss prevention officer says if she leaves the store with the bag he will call the police. She says I PAID for this bag!! And he says, not that bag, THIS bag and grabs the diaper bag and starts pulling everything out in the store. The girls decide they are going to leave the store� The loss prevention officer says if you leave, I�m calling the cops. They say call them and we�ll wait in the car. The LP grabs ahold of the cart the babies are in and rattles it. The girls start to cry. Then the LP places his hand on my daughter�s best friend's arm and she raises her arm in an upward backward motion to get him to remove it. The girls go to the car and decide to leave� and are apprehended shortly thereafter. The items in the diaper bag totaled $326 dollars. My daughter is being charged with second degree burglary and conspiracy to commit robbery. Her friend is being charged with robbery and conspiracy to commit robbery. At the arraignment of her friend, the DA indicated this was no simple PC 211, as the LP officer suffered injuries� a welt 3 inches long supposedly. Keep in mind the friend is 105 lbs and my daughter is about 130 and both are 5�8. There is NO criminal record and my daughter has been gainfully employed since the age of 15... This seems to me for my daughter a clear case of petty theft, as they will not be able to prove intent to commit this crime upon her entry to the store. They did bring in the diaper bag, but they had two small babies with them too� I have a pre paid legal service, but idk... they don't represent you or anything like that... just ask questions... like this. I intend to compare... thanks.

Asked on 6/30/12, 10:04 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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How did shoplifted items get into the diaper bag if your daughter didn't intend to steal?

Answered on 7/01/12, 7:23 am

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Zadik Shapiro Law Offices of C. Zadik Shapiro

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The DA has chosen two charges that are difficult to prove. The conspiracy to commit robbery is by way the most serious of the charges against your daughter. The DA can use circumstantial evidence to show intent. Judging by your zip code you are in Stockton. If that is the case and you want to talk to me (I'm in the East Bay not too far from Stockton.) you can call me at (415) 336-7534.

Answered on 7/01/12, 1:33 pm

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