I have a friend, who totally exists, that got caught for shoplifting a few months ago and has a court date tomorrow. It's too late for her to get a real lawyer so I told her I'd look into it for her. Hatrack happens to have lots of legal types that can give much better advice than me, so this is my first stop.
Apparently, she was in a JC Penny's with her friend, and this friend took a little over a hundred dollars in clothing, and she took a $2 tank top in addition to buying a shirt. They had been followed by secret shoppers and as a result were caught on their way out. My friend is being charged as an accessory for the net cost of the stolen items, and has so far paid JC Penny's a $300 fine. Her friend did not pay this amount. Anyway, she has a court date tomorrow and is wondering what she should plead and looking for any other helpful advice you have.
edited because I posted before proof reading.
[ October 27, 2008, 10:20 PM: Message edited by: dantesparadigm ]
Posted by Tstorm (Member # 1871) on :
I'm so sorely tempted to make a joke at the expense of a misused 'there/their', but I don't know where to begin...
Why would it be too late for a lawyer? What are the charges? (I can't offer any advice, but I wondered about those two things while reading this.)
Posted by ricree101 (Member # 7749) on :
I'd like to point out that I'm almost certain that the people on here who are actually lawyers can't provide advice here.
It's a matter of professional ethics, if I recall correctly.
Posted by dantesparadigm (Member # 8756) on :
Can you get free legal advice on such short notice?
She's being charged with theft in the amount of $103.
Why can't they provide advice?
Posted by MightyCow (Member # 9253) on :
I'm no legal expert, but I keep hearing, "If you cannot afford a lawyer, one will be provided for you free of cost."
Where's her public defender?
Posted by Darth_Mauve (Member # 4709) on :
I am not a lawyer.
Here is my advice. Take it for what its worth.
1) She is guilty. 2) She was caught. Best to plead guilty and ask the judge for leniency. If it is their first offense, and they paid the fines, they may get lucky.
Do not try to play Perry Mason. The judge will only get miffed.
Do not get upset over details about how their friend was the real criminal, and was taking more merchandise. That doesn't matter, and the other person could easily be saying the same thing. After all, what is the word of a petty thief worth?
Do not have them cry and scream about how unfair the world is, and the law is, and that everyone is doing it so why can't they, and besides, it really wasn't all their fault. Such arguments don't work with your parents, and they won't work with the judge. (They don't work for 4 year olds, but amazingly most criminals and many politicians think they will work on us.)
oh, and next time...tell them this is the best advice.
"DON'T BE A PATHETIC PETTY CROOK!"
Posted by dantesparadigm (Member # 8756) on :
That was really unhelpful. No one was questioning their guilt. My friend and I are just ignorant of the finer points of the legal system and I don't want her to go through anything she doesn't have to.
Posted by Valentine014 (Member # 5981) on :
Sounds like she already admitted her guilt by paying a fine to JCPenney. She really needed to get a lawyer.
Posted by Belle (Member # 2314) on :
Do the words "barn door...cows already out..." mean anything to anybody?
(I sometimes wonder if I'm the only one who uses a certain expression, in this case "This is like shutting the barn doors when the cows have already left.")
The time for legal advice was before paying any fines or admitting any guilt.
And, um...dare I say your friend shouldn't have stolen anything, regardless of the cost. You're asking us to try and be helpful for someone who willfully stole from a company.
I'm not feeling tons of sympathy, even if it was just a 2 dollar tank top.
I say plead guilty (sounds like she already has, as was already mentioned by Valentine) and accept the consequences of her poor decision-making.
Posted by dantesparadigm (Member # 8756) on :
Sounds about right, I told her as much but promised I'd look into other options. I also gave her a stern talking to if anyone was worried their admonishments wouldn't be passed on.
Posted by TomDavidson (Member # 124) on :
quote:Sounds like she already admitted her guilt by paying a fine to JCPenney. She really needed to get a lawyer.
Yep. She needed to get a lawyer much, much earlier in the process.
Posted by Dagonee (Member # 5818) on :
quote:Originally posted by ricree101: I'd like to point out that I'm almost certain that the people on here who are actually lawyers can't provide advice here.
It's a matter of professional ethics, if I recall correctly.
Exactly.
A lawyer who knows the prosecutor's office well can help arrange a deal. Some possibilities - which vary widely with jurisdiction and prior criminal history - include a conditional guilty plea where the offense goes away after a period of not getting into any trouble.
The lawyer will provide info on when trying to be found innocent is counterproductive, the best way to accept responsibility while still letting the judge know how the worst of it was not done by her, and the types of deals that are possible in the jurisdiction.
She may or may not have the right to an appointed attorney, depending on the possible punishment, her finances, and the jurisdiction. The judge may or may not allow her a continuance to find one.
She needs to get a lawyer. Now. Payment arrangements can be made.
Posted by Threads (Member # 10863) on :
quote:Originally posted by Belle: And, um...dare I say your friend shouldn't have stolen anything, regardless of the cost. You're asking us to try and be helpful for someone who willfully stole from a company.
To be fair, there is a difference between asking for help and asking to get her off the hook.
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