Legal Question in Criminal Law in California

Re: petty theft shoplifting

DO NOT PLEAD HER OUT!!!!!!!!!!

She did not do it. She has done what all of have done and that was to get distracted, and rightfully so, and forget to deal with the store's procedure.

In order to be convicted of her charge the D.A. will have to prove that she had the intent to "permanently deprive" the store of their property. They will not be able to prove this.

I strongly suggest getting an attorney to handle this case for you. A good attorney would contact the store, negotiate with the store by showing them the truth of the matter so that they will dismiss their complaint against your wife.

Once this is done then a good attorney will be able to negotiate with the deputy district attorney assigned to the case in an attempt to get him to dismiss the case due to the settlement.

Never plead to something you did not do. Sometimes justice can cost, but it will can cost a whole lot more if you do not seek it.

It is time to fight and to get an advocate for your wife and her situation. She is no criminal, she just needs to be heard by a system that is deaf. There are ways.

Call if you have any questions and I will be glad to tell you what I can free of charge.

Joseph Low

Re: petty theft shoplifting

Thanks for your posting. I hope you realize by asking a group of attorneys that respond to these posts that you are going to get a biased answer, but I do believe you should get an attorney. Just from what you have described, there are defenses here, and much room to negotiate. I cannot recommend -- to anyone -- that they plead guilty to something that they are not guilty of. Having a criminal record has many future consequences, and once you enter the plea of guilty, it is difficult, if not impossible, to change your mind and decide you want to fight the case and go to trial.

In this particular situation, if your family doctor can write a note or letter regarding the baby's condition, it might help give the prosecutor the background of the case. There are often in these types of cases videotapes, which might help in showing what the circumstances were of your wife going outside.

I would recommend getting the best attorney you can, or if you cannot afford an attorney, having the court appoint a public defender.

I am happy to help you if you want to ask further questions, or need more information on anything, in any way that I can. Please feel free to email my office at [email protected], or call if you have any questions (toll free, 1-877-568-2977). Thanks, and best of luck to you and your wife!

Re: petty theft shoplifting

The type of incident occurs all too frequently. And most people are too chicken to fight them. However, you wife's case is very defense able. Any woman with four kids and one with a problem probably has the guts to face a jury and fight the charge. The sentence on a guilty plea will include a three years of probation. And any future problems will result in a harsher sentence. Take the other attorney's advice. The D. A. will turn over to you copies of the vidoe tapes if there are any. Go to the store and look. Most grocery stores don't have the cameras.

Re: petty theft shoplifting

Your's is an unfortunate mistake that should be resolved by something far less then a plea to a misdemeanor shoplift. Of course, the inexpensive way out is to take a plea and pay a fine. Chances are that the prosecutor will ask for summary probation for as much as three years. This is of no consequence as long as there is no further violation of the law within the three years. Of greater concern is the question of a similar occurrence, whether by misunderstanding or mistake, in the future. A second shoplift will be treated as a felony.

It would seem that any reasonable prosecutor would understand the situation if explained. People just don't walk out of a store with a cart full of groceries. They may take one or two items, but not a cart full with a screaming child. Get a lawyer, he should be able to get this knocked down to a next to nothing offense for a small fee. (expect $1,500-$2,500)

Good luck.

Call if you have questions.

Re: petty theft shoplifting

I would not recommend pleading guilty unless you believe she is guilty and you don't want to pay an attorney to defend you. If you can obtain a copy of the police report, please fax it to me and I will provide you with free consultation on what you should do.