Legal Question in Criminal Law in California

petty theft or grand?

My wife entered a small children's clothing store carrying bags from other stores where we just purchsced from and put somehting on hold. When exiting the store, the manager accused her of shoplifting and asked to look inside the bags. My wife let her and she found nothing.

Two days later my wife asked me exchange some items that we recieved as baby shower gifts to that same store. She didn't want to do it herself because the lady was so rude prior. I exchanged the items, left the store, everything was fine.

When leaving the shopping center, both my wife and I were stopped and held by police. They seized the exchanged items, questioned us, and then sent us on our way. The police told us a detective will contact us and there will be an ongoing investigation.

Do they have a case? What charges would be filed and what consiquences could my wife and I be looking at? We both have clean records.


Asked on 4/25/05, 2:56 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: petty theft or grand?

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

As petty or grand theft have, as their basic elements, "the taking of property belonging to another, with the intent to permanently deprive", I don't see how you would have committed any crime, unless there is proof of premeditation of attempted theft, or burglary.

From the facts you've presented, I don't see any charges that can be filed.

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

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Answered on 4/25/05, 4:04 pm
Terry A. Nelson Nelson & Lawless

Re: petty theft or grand?

You would be well advised to hire an attorney to quickly intervene in this matter; that may convice the police and DA not to file charges, once they know you actually have an attorney. It can be a factor in their decision. That would be cheaper than defending against criminal charges. Contact me if interested in doing so.

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Answered on 4/25/05, 6:00 pm


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