Legal Question in Criminal Law in California

Re: False Charges Shoplifting

My 15 yr. old daughter was charged with shoplifting at Walmart, she was stealing clothes and make-up items. 3 loss prevention officers arrested her and told me to pick my daughter up @ juvenile hall, then one of the loss prevention people (female) spoke up and said I helped my daughter stuff her backback, when the police came the female went into a room with one of the officers, and told him that I had helped my daughter stuff her backpack, and later the other two loss prevention officers changed there story, and agreed that I had helped my daughter. I was arrested and charged with 211 (robbery). My public defender said because there are 3 witnesses saying that I helped my daughter by stuffing her backpack, I would have a hard time winning this case. I have asked my attorney if I could view the surveillance video if there was one, and she never returns my calls. My daughter told them over and over that I did not help her at all, and wasn't aware of what she was doing. I do have a witness that was in the parking lot at the time, That seen how the loss prevention officers changed there statements. Do I have a chance of winning this case with 3 witnesses stating that they seen me help.


Asked on 10/28/05, 1:59 am

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Re: False Charges Shoplifting

I believe you have a great chance of succeeding. There are three witnesses, but they are biased. Also, if your daughter is willing to testify, that may persuade a jury. Remember, you dont have to disprove the case, they have to prove it.

The biggest problem may be the apparent lack of interest from your attorney. I would suggest you schedule a meeting with her, tell her what you think, and if she is still non-responsive, meet with her supervisor. If you still do not get help, find competent counsel to help.

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Answered on 10/28/05, 4:23 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Re: False Charges Shoplifting

you definitely have a chance to successfully defend your case, especially since the burden of proof (beyond a REASONABLE doubt) is on the prosecution, not your defense. sure, their 3 eyewitness accounts against you will weigh heavily in their case, however, if you have other credible witnesses confirming your story, along with other strong evidence, you have a GREAT chance in prevailing here. however, you definitely have to have an INTERESTED defense attorney who is passionate about your case as well, or he or she may not necessarily investigate or produce the evidence needed to win. unfortunately, this can happen alot with public defenders since they have countless other cases to work on week to week. so, if you feel this is the case with your public defender, you may want to seek alternative representation if you truly feel you are innocent and should prevail.

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Answered on 10/28/05, 6:52 am


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