Legal Question in Criminal Law in Oklahoma
Petty Theft
My 16 year old daughter was at Claire's Jewelers yesterday trying on rings when her and her friend left the clerk stopped them and asked them to return their rings. She saw them trying them on and when they walked away found an empty cardboard with a ring missing and accused them of taking it. My daughter was wearing a ring from Claire's but bought it a week earlier at another location and I was with her when she purchased it. They wouldn't let me see anything to show if that card was really for this exact ring she had on or just assumed. We cannot find the receipt and are checking with the store she purchased it from to see if we can get a copy but what if we can't get it and she goes to court next week. What do we need to do?
2 Answers from Attorneys
Re: Petty Theft
It is up to the store and the district attorney to prove beyond a reasonable doubt that she stole the ring. Your daughter does not have to prove anything.
At this point what you need to do is get an attorney.
Re: Petty Theft
The first thing you need to do is hire a criminal defense attorney to represent your daughter. I assume she is charged with misdemeanor larceny of merchandise from a retailer. Your daughter definitely has a defense to the charges, but if she has a court date, it is obvious she was arrested and/or charged with the offense and you absolutely have to fight the charges.
Your daughter has a right to face her accuser, and at a trial the clerk would have to testify against your daughter. It sounds as if the clerk is uncertain if anything was actually taken and the only other evidence is an empty cardboard box and the ring your daughter was wearing before she entered the store. It does not appear that the State has a very strong case, but obviously they are pushing forward with the charge. A criminal defense attorney can definitely help your daughter fight these charges.
Please do not hesitate to contact me if you would like more information or a free consultation.
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