Legal Question in Criminal Law in California
i didnt witness, assist , or take any merchandise. we just went to the store together _ that was it !! When we were stopped after stepping out the store we were called back in. After searching the person i was with and finding merchandise in her purse i offered my purse for them to search as well , i asked 3 times- they never did. i voluntarily gave my drivers license when asked only because they said they were going to check if either one of us has been caught before shoplifting at any of their store locations.I didnt feel that they had any reason to obtain me, let alone accuse me - then not search me or my purse. and i am being fined the same amount as the shopliter themself. Reason being was i was considered an accomplice ? Can i fight that ?
4 Answers from Attorneys
Another question that cannot be answered. How are you are being fined? No one is fined unless they plead guilty. Did you plead guilty? If you did, then its probably too late to fight it. If you didn't then you are not being fined, yet.
You cannot be fined if you are innocent. Why agree to pay a fine if you did nothing, as you say?? FIGHT!!! AND REMEMBER, with all shoplifting, there is almost aways a video.
More than most people here, you need a lawyer. Whittier Court ifs a great court to fight cases, many sympathetic juries. I amthere every Thursday, call for free consult (818) 702-9800.
Of course you can fight the charges, and you can refuse to pay the 'fine' that the store is demanding. Whether you pay the store or not, they can and probably will file criminal charges.
�What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. A little free advice: if it is not already too late, exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. It includes any communication or dealings with the company agents. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. If you haven�t yet been arrested, your attorney MAY be able to negotiate dropping of charges, or an actual �civil compromise agreement� with the store that will avoid you being prosecuted.
If you're talking about the letter that many stores send out to collect additional money for the costs of security, of course, based on your facts, you shouldn't pay a penny. If you are saying that you have been charged in criminal court with the charge of 484 PC (petty theft), then, based on the facts you gave, you aren't guilty of anything and should fight the charges. I wish you well.... David Wallin
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