Legal Question in Criminal Law in New York

False accusation

My two daughters were in a walmart store, Ashley age 17 and Ann age 12, with one of Ashley's friends. This, so-called, friend tried to steal something from this walmart store but got caught. The store has claimed that because Ashley was with this girl that she is automatically an accomplise to this crime even though the girl who was caught said that Ashley had no idea what she had done and that Ashley and her sister Ann were looking at items for them at this time. They are making Ashley pay $227.00. Now, how can I fight this thing as I can't afford a lawyer at this time?


Asked on 8/20/05, 6:04 am

2 Answers from Attorneys

JAY Nixon nixon law offices

Re: False accusation

If one cannot obtain a lawyer, the only alternative for contesting a case is to act as your own attorney, known as appearing pro se. Generally, one must promptly demand a trial, preferably before a jury, as soon after being charged as possible. Depending upon whether the person is charged with a crime or an ordinance, a jury trial may also require speedy payment of an additional fee. In WI, in order to prove someone was a "party to the crime," the government would have the burden of proving that a person accompanying the shoplifter had knowledge of what the shoplifter was doing, and somehow stood ready to assist. Typically, such assistance would be proven if the companion would have provided such assistance as serving a lookout, creating a diversion, or stood to benefit from the crime. If the government did not meet that burden at trial, the charges would be dismissed. In a criminal case, that proof would have to be accepted by the jury beyond any reasonable doubt, and the jury would have to agree unanimously upon guilt or innocence. Failure of the jury to reach unanimity would result in a mistrial. Civil liability for shoplifting requires a lesser burden of proof.

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Answered on 8/21/05, 11:48 am
Valerie Masters Valerie Masters, P.A.

Re: False accusation

Use a public defender.

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Answered on 8/20/05, 11:51 am


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