Legal Question in Criminal Law in California

Re: Felony

Your son needs a good lawyer. Call me directly at (619) 222-3504.

Re: Felony

Thank you for your posting, and the opportunity to serve you further.

To put it simply, your son needs the assistance of a good lawyer. Felony burglary charges are serious, and it sounds, from the basic information you've provided, that you may have some defenses that may assist him in the case.

I hope that this information helps, but if you have any other questions, or feel that you need legal assistance, please feel free to email me directly, at [email protected]. It's my pleasure to help in any way that I can.

Re: Felony

As your son surely knows by now, writing down his "confession" was not a smart thing to do. He should have asked himself why the store would want it if it had no plans to use it against him.

I agree with Mr. Miller that your son needs a good lawyer immediately. That said, I think he has a good defense against the burglary charge.

The definition of burglary is essentially entering a building (not all buildings or all parts of buildings qualify, but a retail store does) with the intent to commit a felony inside. Entering a store with the intent to steal a substantial amount thus qualifies.

But intending to steal means intending to deprive the owner of the value of what is stolen. If he had good reason to believe that the store would not lose any value through his transactions then he did not intend to steal. If he can prove that a supervisor told him the store suffered no loss when people collected the cash value of their coupons then he should be able to beat the charges.

Of course, the fact that the store was OK with this because it got reimbursed does not mean the parent company felt the same way, but it seems to me that your son's argument would be just as valid if he were charged with burglarizing the company as it is to charges of burglarizing the individual store. His higher-ups, however, may find themselves in serious trouble (both with management and with the law) if their bosses learn that they were taking advantage of this loophole.

Re: Felony

Advise? Hire a criminal defense attorney immediately, he's going to need one to minimize the chance of serious jail time. As every TV cop show in the last 50 years has portrayed, never speak without your attorney. He should have followed that rule; his confession can, and will, be used against him. Contact me if interested in obtaining counsel for him.