Legal Question in Criminal Law in California

My girlfriend and I found a couple of gift cards. We checked them and then spent them at wallmart. The cops talked to my girlfriend at work and said they have photos of us at wallmart using the cards. They told my gf that we should come to the station tomorrow a d give them a statment. They said the owner of the cards lost her purse.

I belive they think we stole it. So tomorrow we are going to give statments. They said they will give the statments to the DA and they will then decide what to do.

Should we offer to pay the tottal of the gift cards?

Should we ask for a lawyer?

I'm kinda freaked out.

What should we say, and what should we expect?

The cards were worth $200.


Asked on 12/27/10, 6:21 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You should not speak to the police. At this point, they only want your statements do they can use them against you. You aren't going to talk your way out of being arrested, if that's what they plan to do.

Even if you found the gift cards, it's still a crime in California to keep found property without making an effort to find the owner.

I believe you've already posted this question, either on LawGuru or a similar site, and every lawyer told you not to give a statement. If you choose to ignore that advice, there's not much anyone can say to help you.

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Answered on 1/01/11, 6:44 pm
Terry A. Nelson Nelson & Lawless

The ONLY advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and hire an attorney to speak for you. You face charges that could put in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. There is no magic wand to make this go away. Prosecutors don't take the time to research, prepare and file charges just to �drop� them. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and you�re serious about hiring counsel, feel free to contact me.

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Answered on 1/03/11, 5:59 pm


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