How can I help my mother defend a shoplifting charge if she was having a panic attack? 14 Answers as of December 12, 2011
Hi, I wanted some advice on how to go about a shoplifting charge. My mom suffers from severe panic attacks and has been getting psychological treatment from a therapist as well as taken many medications for it. She also has osteoporosis. She went into a store to do some Christmas shopping. She knew she would be buying lots and lots of presents so she went ahead and took an individual rolling shopping cart (it looks like a rolling backpack) with her because it allows her to hold everything there without straining her back/body (osteoporosis makes it hard). As she was gathering some things to purchase, she began to feel very anxious and panicky. She began to feel overwhelmed with all the people in the store and felt she could not breathe. She was having a severe panic attack, and her first instinct, as it is for many people who suffer from panic attacks) was to get away as soon as possible. She without even thinking or noticing stepped a few steps away from the store (technically outside) and was gasping for air, grabbing her chest, while at the same time trying to blow air at her face with her hands. She only stepped a few steps away from the store, did not flee or anything. She was just getting air in the middle of the panic attack. At the time that she was doing this, two loss prevention officers came outside and accused her of shoplifting. My mom was already in the middle of a panic attack and was trying to explain to them the situation. She was clearly not feeling well and in the middle of an attack, but the LPO did not care. They took her in the store, where my mom kept trying to explain. They belittled her accusing her of shoplifting all those clothes to sell outside to others. They would not allow her to make any phone calls even though she was not feeling well at all. My mom also suffers from severe depression and felt so belittled by the LPO that she grabbed all her medications (she takes so many for her anxiety/panick attacks) and tried to take them.Free Case Evaluation by a Local Lawyer!
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Attorney at Law | Dorinda Ohnstad
In order for the District Attorney to convict your mother of shoplifting (I'm assuming they are charging her with a misdemeanor violation of Penal Code Section484. Sometimes the District Attorney may also charge a felony violation of Penal Code Section459 second degree burglary) he/she has to prove each of the following beyond a reasonable doubt: 1. The defendant took possession of property owned by someone else; 2. The defendant took the property without the owners [or owners agents] consent; 3. When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owners [or owners agents] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property); AND 4. The defendant moved the property, even a small distance, and kept it for any period of time, however brief. The key here is #3, whether she "intended" to deprive the owner of the property. To help in her defense her attorney should immediately request any surveillance video that may be available. A video tape may help support her position as it would show her physical reactions to the panic attack. In addition, her doctor could provide verification of her condition. Bottom line is whether the jury believed that she was intending to take the property to permanently deprive the store of the goods or not.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Andrew Roberts | Andrew Stephen Roberts
Your mother needs an attorney to represent her. While she may have some defenses this charge is serious.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Daniel K Martin | Daniel K Martin
I am sorry to this happened to your mother. I have to say that it does not look good. You should get with a criminal defense attorney right now. The prosecutor must prove that your mom intended to steal the items, the way they prove mental intent is through circumstantial evidence. Since she left without paying, it looks like she intended to steal the items. A criminal defense attorney will probably ask you to gather evidence of your mother's condition and then argue that she had no intent to steal. Ultimately, her criminal history in the past or lack of any criminal history will have a huge impact on what happens.
Answer Applies to: California
Replied: 12/12/2011
Grant & Grant | Richard L. Grant, Esq.
The best course of action to help your mom would be to hire an experienced criminal defense attorney who has previously handled petty theft cases and who regularly practices in the court where your mother's case has been filed. This can make a substantial difference in the outcome of her case. In the past, I have handled a significant number of petty theft cases where I was successful in having the District Attorney dismissed these prior cases.
Answer Applies to: California
Replied: 12/12/2011
Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
First, unless you are an attorney you will not be able to 'help' your Mom defend against this shop lift charge if one is actually filed. Depending on the county, the D.A. may elect not to file, or might offer a diversion plan. From what you said, however, (and without seeing the police reports) it appears that there may be a good defense to the charge. An attorney should be retained, or Public Defender appointed if your Mom qualifies.
Answer Applies to: California
Replied: 12/12/2011
Law Offices of Matthew Murillo | Matthew Murillo
The best thing you can do to help her is to hire an attorney. You can't represent her yourself, and your explanation may help her case, but I strongly doubt the DA will dismiss simply because you are asking for a dismissal.
Answer Applies to: California
Replied: 12/12/2011
Hammerschmidt Broughton Law | Mark A. Broughton
The best thing you can do for your mom is get her to a good criminal defense attorney. He/she will help her defend the charges. One of the first things she will probably be asked is if this is the first time anything like this has happened (that is, does she have any criminal history). If not, it should be a fairly easy procedure to deal with from the lawyer's point of view, and pretty painless for her. If she does, it is still manageable. And, the attorney may decide that there is a valid defense and the case should go to trial. I know this will probably cause her more anxiety, but tell her not to worry, it will all be fine. One other thing, she is likely to get a letter from the attorneys/store in which this occurred "demanding" the payment of "fines." She does NOT have to pay this. It is a civil remedy that many/most stores attempt to collect "damages" for the theft. Any fines or fees will be imposed by the court if/when the case is resolved.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Tracey S. Sang | Tracey Sang
I'm sorry this happened to your mother. You don't say in your question whether your mother was actually arrested and has been charged. If so, then advise her defense attorney of the story. Since no merchandise was lost any punishment should be minimal. Good luck.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
The best way to proceed is to hire an attorney for her. Gather all the information about her mental and health problems. Give the information to your attorney and have him advise you. If it is all as you stated then your mother needed did not have the intent for a shoplifting charge. Therefore, she should have the case dismissed or not filed at all. If she cannot afford an attorney the court will assign the Public Defenders office to be her attorney. However, this will not happen until the arraignment.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Martina Vigil | Martina A. Vigil
In order to be convicted of a shoplifting charge, the deputy district attorney must prove your mother had the intent to unlawfully remove the items from the store in an effort to permanently deprive the store of the property. If your mom was having a panic attack and meant to go back inside the store with the items, she should not be convicted of shoplifting. There is probably video surveillance that will help support her defense.
Answer Applies to: California
Replied: 12/9/2011
Dennis Roberts, a P.C. | Dennis Roberts
Geta lawyer who can get a declaration under oath from her treating shrink who will lay out what you just said using psychiatric terms. He/she should then show it to the DA letting the DA now that if they proceed to trial this witness will testify. Once the case is dumped or she goes to trial and wins sue that scumbag store and the lowlife guards they hire.
Answer Applies to: California
Replied: 12/9/2011
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
She had a legitimate defense. After she is found not guilty (no intent to deprive) the store should be sued.
Answer Applies to: Illinois
Replied: 12/9/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Unfortunately this format is not designed to represent someone in an ongoing criminal case. It sounds like your mother may have a viable defense. Unfortunately you need to retain an attorney to negotiate a civil compromise with the store and then with the District Attorney if necessary.
Answer Applies to: California
Replied: 12/9/2011
Law Office of Joe Dane | Joe Dane
It certainly sounds like a plausible explanation for what happened. Testimony from her doctor about her condition, from you about her habit to take the rolling cart and hopefully store surveillance video to support her version & her actions outside the store would certainly seem to cast reasonable doubt on any theft case. Why? Because in a theft charge, the prosecution must prove beyond a reasonable doubt that your mother took items with the intent to permanently deprive the store. In other words, that she had a theft intent. Yes, most store loss prevention people wait until the suspect goes outside to "prove" they had every opportunity to pay, but left without paying, thus proving intent, but in your mother's situation, things are different. Unfortunately, this is not a do-it-yourself project. She'll need representation from an attorney that is willing to look into these issues. She can request the services of the public defender if she financially qualifies or she can hire the attorney of her choosing. One benefit to hiring an attorney that may be significant in your mom's situation - they can appear on her behalf, even at the first court appearance. That way, your mom isn't subjected to another stressful situation. Best of luck.
Answer Applies to: California
Replied: 12/9/2011
