Legal Question in Criminal Law in California

Grand theft for shoplifting tourist

hello, my wife was caught shoplifted a sweater and a pants that cost about $450.she was brought at the secrurity office of the shop and was interogated and they ask her to sign a paper that she did took the items.but she did sign the paper then she was brought to jail...and she was realesed without us bailing her...

THe reason why my wife did that because she just recently gave birth to our daughter about 2 weeks, and i think she's been suffering post-partum depression..it;s her 1st crime and 1st time that she did that.

is there any chance that the charges will be lowered considering she's emotionally unstable?

and is there a chance that these will not be recorded to her records?

and she's just 19 year's old,and a tourist so were concern about her stay here in united states if ever this crime is recorded, im afraid that her life will be ruined for an incident brought on by her emotional state due to the birth of the baby.. please help

and her court date is sept 20 here in palo alto, cA


Asked on 9/10/06, 9:17 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Grand theft for shoplifting tourist

The prosecutor might sympathize and decide to go easy on your wife. The chances that he will do so will increase if she has a good attorney working for her. You will also need a medical expert to back up your view of your wife's condition and its effect on her behavior.

Legally, being depressed has no bearing on whether your wife is guilty as charged. In California, the only viable defense based upon the defendant's mental condition is that of insanity. The law defines insanity as the inability to distinguish right from wrong. Ordinary post-partum depression doesn't have this effect. Unless your wife's depression was so severe that she was legally insane (*very* unlikely), it will not be a winning issue.

Her depression may be helpful when and if she is sentenced, since the court may view it as a strong mitigating factor which would justify a lighter punishment. The prosecutor may see things the same way and recommend such a punishment.

Your best bet is to try and work something out with the prosecutor. You and your wife should not try to do this on your own. You need a competent lawyer working for you.

Read more
Answered on 9/11/06, 5:04 pm
Jay Leiderman Leiderman Devine LLP

Re: Grand theft for shoplifting tourist

My firm handles these types of cases. We would be glad to help. On the facts that you offer, it seems as though we may be able to help quite a bit. Call my office tomorrow 800.841.1881 and we can discuss the case further.

Read more
Answered on 9/11/06, 1:19 am


Related Questions & Answers

More Criminal Law questions and answers in California