Legal Question in Criminal Law in California

first-time shop-lifting offense

My 18 year-old daughter was recently caught shop-lifting (3 small necklaces from a clothing store; total value less than $100). She now has a court date, and we want to know what to expect. It is her first offense of any sort, and (we believe) partly a response of extreme stress she has been experiencing: she has recently moved to a new country, started at college, her grandmother had just been hospitalized for bleeding in the brain, and my daughter herself had just had a scan for a lump in her breast the day before. She was also upset by an an argument she had had in the store with her roommates. In a ''moment of madness'', she just thought, ''What the hell?'', and stuck the necklaces in her purse and tried to walk out. Is it worth mentioning all the stress she has been going through? (Or will it just seem like a pathetic excuse?) Do we need to hire a lawyer to represent her? Or is it best just to own up to the offense and be cooperative? If she is convicted, will she have a permanent criminal record?


Asked on 11/21/06, 2:22 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: first-time shop-lifting offense

"will it just seem like a pathetic excuse?" Yes. Focus your effort on getting an experienced attorney to help reduce the chance of jail and substantial other penalties. Properly handled, there will likely be probation and fines/restitution. Feel free to contact me if serious about doing this right, if the case is in SoCal courts.

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Answered on 11/21/06, 2:35 pm
Joshua Hale Hale Law Group

Re: first-time shop-lifting offense

An attorney is always necessary in my legal opinion for criminal cases. An attorney can help to make sure your daughter is not railroaded by the system. If you need help at a reasonable cost, please feel free to call my office at any time.

619.866.3535

Joshua Hale

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Answered on 11/21/06, 3:16 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: first-time shop-lifting offense

I'm sorry to hear about what your daughter has been going through, but none of it will matter much to the court. Unless she was legally insane (which essentially means she was unable to distinguish between right and wrong) when she stole the necklaces her mental state has no bearing on whether she is guilty.

[A note to readers in other states -- many states recognize a defense of "diminished capacity" which facts like these might support. California, however, does not recognize this defense.]

The circumstances you describe might persuade a judge to go easy on your daughter at the time of sentencing, but by that point she will already have been convicted.

And yes, if she is convicted this will become part of her permanent record. In several years she will probably be able to get it expunged, but having it on her record can cause a lot of problems in the meantime.

She needs a good criminal defense lawyer ASAP. Counsel may be able to negotiate a plea to some kind of infraction rather than the misdemeanor she is now facing.

Good luck.

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Answered on 11/21/06, 3:21 pm


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