Legal Question in Criminal Law in California

Re: Detained for Shoplifting to Locked-up for Robbery

You should certainly request a public defender. The court will probably assign him one at his first appearance if he can't afford to hire his own lawyer.

Robbery seems like kind of a stretch here, to me. Robbery requires that the defendant use "force or fear," and it's hard to see how shoplifting could involve that; shoplifting typically involves the use of stealth and secrecy, which is pretty much the other end of the spectrum of ways to steal stuff. My guess is that this is a deliberate overcharge by the prosecution, so they can back off to simple shoplifting in a plea bargain and act like they're actually giving something up. His lawyer will be better able to evaluate the details, though.

Re: Detained for Shoplifting to Locked-up for Robbery

Ms. O'Connor and Mr. Hale are both right about public defenders -- they are generally very good lawyers, but they are overworked and cannot give each case nearly enough time. Relying on a PD is far better than trying to defend himself, but your nephew should look into hiring a private defense lawyer if possible.

Re: Detained for Shoplifting to Locked-up for Robbery

Yes, you should get a PD if you can't afford to hire a private attorney. Contrary to what some private lawyers may say, many PDs are extraordinary lawyers. I know; I was in the Los Angeles PD's office for 9 years. Of course, like any other group, some aren't good at all. You just need to monitor the situation and get progress reports as the case proceeds.

The public defender typically gets appointed at the arraignment date (Tuesday). You are unlikely to have an opportunity to speak to the PD before then.

A shoplifting can turn into a robbery if the thief uses force either to take the items or to get away. So the security guards are alleging that your son used force.

However, I have seen many cases where the security guard used excessive force or embellished the story to cover his own overly aggressive behavior. (Many are often wanna-be cops.)

Once appointed, the PD will be able to request copies of the video (hopefully they have a camera covering the area where your son was tackled) and to speak to all witnesses regarding force used and by whom. S/he will also be able to speak to the prosecutor about reducing the charge based on your son's lack of criminal history, facts of case, etc.

You should NOT talk to your son about the facts of his case. Your conversations with him are not confidential - jail visits and phone calls are often tape-recorded/monitored. Spend your visit comforting him the way only a mother can and leave the legal work to his lawyer.

Good luck!

Deirdre

Re: Detained for Shoplifting to Locked-up for Robbery

If you hire a public defender your nephew will get exactly what you pay for, they only have a few minutes for each case. Talk to the entire family and then hire a private attorney with the funds that you raise.

This could go from being a simple shoplifting to years in a state penitentiary. It seems simple, but court rarely is. If you want to discuss this in further detail please let me know at your earliest convenience.

JDH