Legal Question in Criminal Law in Texas
My 15 year old received a class C citation for shoplifting in a TX Walmart. She was with friends who shoplifted but she did not participate. She wants to plead not guilty, is it worth fighting?
2 Answers from Attorneys
It is best to consult with and hire an attorney to assist with this matter. Your daughter is young and this case should be handled with care so that her future will not be affected by this matter. An attorney will be able to investigate and analyze the evidence in the case. After investigating and analyzing the evidence the attorney can determine whether or not it is a case that needs to be plea bargained or set for trial.
I agree that you should consult with a lawyer. Thefft is a crime of moral turpitude and could affect your daughter for the rest of her life. At worst, she should try to get a deferred prosecution which is like a probation but at the end of the probationary period the case is dismissed and can be expunged after the statute of limitations runs.
Just so you and your daughter understand, one can be a party to an offense even if one did not participate in it directly. If a friend takes an item and stashes it in her purse and walks out with it - she has committed theft. If your daughter stood as a lookout - to warn the friend if store employees came around, etc. - then she is considered a party to the offense and can be prosecuted just the same as the girl who actually took the item.
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