Legal Question in Criminal Law in California

Petty theft

Doesn't someone have to have stolen merchandise in their possession, or reasonably near them, ie, if they had ditched the merchandise, to be charged with petty theft in California? My 15 year old daughter was arrested tonight, even though she was repeatedly searched by the security guard and the police and the area that she was approached outside the store, plus the area of the 'alleged' theft inside the store, and they found absolutely nothing on her. She also repeatedly requested an attorney, the request was witnessed by several people and on tape. They denied her an attorney and continued their interrogation. At one point, the male police officers threatened her with a strip search by them, as they have no female officer on duty, if she didn't tell them where the merchandise was. Which she didnt have so she couldnt produce it.


Asked on 12/29/07, 10:23 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Petty theft

You should retain an attorney to represent her in this matter. Also do not discuss this case further with your daughter. Obtaining counsel for your daughter as soon as possible will be the best course of action to help her.

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Answered on 1/04/08, 1:22 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Petty theft

The stolen item need not be found on or near the suspect in a petty theft case. If there is other evidence of the theft -- like an eyewitness or a surveillance video -- that will be enough. That the allegedly stolen item was not found may weaken the case but it will not prevent the D.A. from prosecuting.

If police ignored a clear request for a lawyer and kept questioning your daughter and/or if they improperly threatened her in order to get a waiver of her right to counsel then she should be able to get her subsequent statemtns -- and any evidence obtained as a result of those statements -- excluded from evidence. Here again, though, other evidence can still be used. The hypothetical eyewitness and/or videotape I mentioned earlier would not be affected by this type of violation.

Your daughter needs a lawyer immediately. Good luck.

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Answered on 12/29/07, 3:55 pm


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