Legal Question in Criminal Law in California
shoplifting arrest; pending court date
I was arrested on a shoplifting charge. Was told I'd fare better by being cooperative, so acknowledged my actions. The security person said they had a tape of me on a prior recent offense and asked if I'd pay for the merchandise. I did ($150.00) so to remain cooperative. I was arrested and acknowledge my offense to the police. Background info: In that timeframe I had suffered a big emotional event that left me deeply depressed. I take meds for this and was taking them erractically- somedays forgetting some days doubling up. I have never been arrested for anything and have been a good citizen. I think my situation and the meds had an effect on my judgement. Is this likely to be accepted as a defense? Though they asked, I did not tell the police about these meds. Thank you. 831 area code
3 Answers from Attorneys
Re: shoplifting arrest; pending court date
Your payment agreement should be raised as defense in the form of a civil compromise. They shouldn't have pursued charges after being paid, but since they did, you need to defend or face jail and fines. Hire an attorney, or at least consult with one.
Re: shoplifting arrest; pending court date
your defense may work. what will your doctor say?
Re: shoplifting arrest; pending court date
Your condition and medication will not be a defense against the charge, but should be considered mitigating factors when and if you are sentenced.
As long as your actions were intentional and you weren't legally insane (for purposes of a criminal case, insanity means being unable to distinguish between right and wrong), you can be held accountable for them.
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