Legal Question in Criminal Law in California
what should we do?
my sister,who just turned 18 this month, has been charged with commercial burglary from a known store. she was forced by her peers ( whom she was already told to stay away from because of bad influence,and yet was pressured)to take some stuff ''or else they are not her friends anymore''. she was caught,i don't know how. her bail is ten thousand which we can't afford. so she's gonna stay in jail for 2 days and sit in with a D.A. for the case. what's going to happen in this case in particular?! what should my mom and i be aware of? it's the first time this had happen to her.help!
3 Answers from Attorneys
Re: what should we do?
If you can't afford private counsel, get her signed up with the PD immediately, and tell her to invoke her 5th amendment right to silence, unless you don't mind her serving prison time. If you want to hire counsel, and the case is in SoCal, feel free to contact me.
Re: what should we do?
Your sister wasn't "forced" to do this. She was pressured and she should have resisted. The law will not excuse her actions just because she might have lost some friends had she not stolen from the store.
She needs a lawyer *before* she meets with the D.A. If anyone, including the police or the D.A., tries to question her about the theft she should refuse to answer until she has a lawyer present. Answering questions without a lawyer is a good way to strengthen the prosecutor's case against her.
If your family can't afford to hire a lawyer the court will appoint a public defender. Your sister should not even think about trying to defend herself -- especially if she thinks arguing "my friends made me do it" is a good strategy.
Re: what should we do?
I would try to get it bumped down to shoplifting, and I would try to get a diversion program. You didn't state what county you're in, but most counties have diversion programs.
Related Questions & Answers
-
Loitering w/ intent I was charged with california pc 653.22. I was on foot and... Asked 8/14/07, 1:01 pm in United States California Criminal Law