Legal Question in Real Estate Law in California
I was with my friend while she was shoplifting at walmart. I placed a make-up wrapper on the shelf to dispose for her. we were obviously caught, and both 18. the guy at walmart tried to separate the cost of the items stolen by her between us to avoid involving the police. The total came out to $55 and change which is over their dollar amount. After that he call the police my "friend" and I were placed in hand cuffs and told we were going to jail to wait for someone to bail us out. after sitting in the back of the cop car for 45 minutes they told us to just go home. we proceeded to get in my car and go back to my boyfriends house where we came from. I was wondering if there's any way for the charges on me stealing items, which i did not do and the tapes prove that, to just pay the walmart fine and not have to deal with legal matters?
4 Answers from Attorneys
You are just as guilty of stealing as your friend, since you covered up for her by placing a make-up wrapper on the shelf to dispose for her. If you are very lucky you won't have criminal charges brought against you, but I'm not optimistic.
Since the police were called and you were held in police custody for a while, there will be a police report written up and transmitted to the district attorney's office for review and possible filing of charges, probably for petty theft. You are adults at 18. I can't imagine any sentence more severe than some probation, even if you are charged and convicted or do a plea bargain. You will have an opportunity to be represented by a lawyer, and if you can't afford to pay one, a public defender will represent you in court. My guess is that the DA will not bring charges, but I see Mr. Stone says he is not optimistic. You'll just have to wait and see if you get a summons. At least you were released without bail. If you do get a summons, be sure not to miss your court appearance, or you'll be arrested again for failure to appear, and bail will be required. Finally, note that this is a criminal law question and should not be asked under the real estate heading for the best answers.
This should be reposted under the criminal law question. You can get some more direct answers of what is involved, and why you should not pay Walmart up front, or try to talk yourself out of trouble.
The store and PD probably decided to not waste time directly booking you on the criminal charges, and instead will let the DA file charges and send you a 'notice letter' which will require you to go to court and be arraigned. The DA could charge you with petty theft, or felony burglary. I've seen many felony charges filed when there ore two or more people involved in a 'conspiracy'. You have the option of having your attorney immediately try to contact the store and negotiate a 'civil compromise' that would drop the charges before court. The store can not initiate an offer for such deal, but your attorney can. If that works, you'd pay a stiff 'restitution' amount, and the DA would drop the criminal charges. If serious about hiring criminal defense counsel to do so and/or defend you in court, or in feel free to contact me.