What should we do if my daughter was caught shoplifting? 52 Answers as of November 28, 2011

She needs an attorney. Court appointed or retained. Many PDs are very good just as there are private attorneys who haven't a clue.

There are few questions here, I will try to answer all of them. 1. It does not matter that your daughter did not leave the store. There are a couple of ways that this conduct can be charged. One of them is as a commercial burglary. A burglary is entering a place with the intent to commit a crime inside. If the prosecutor can prove that your daughter knew she was going to steal when she entered the business then the crime occurred when she entered the store. She could be convicted even if she didn't pick up merchandise. They way they prove intent is circumstantial evidence, for example did she have cash or a credit card on her when she entered? 2. You should speak with a criminal defense lawyer right away. A lawyer can help get your daughter a diversion program. If you cannot afford a lawyer then you will wait until the first day of court and request a public defender. 3. You can't do anything about the public defender before the first day of court because the judge has to appoint the public defender to represent your daughter first. In most counties your daughter will be grouped up with other people facing theft charges. As the public defender works through their calendar they will eventually get to your daughter's case. It can take all day because the public defenders usually have 40-80 cases everyday. 4. This is one of the situations where you can get by without hiring a private attorney. (unless they charge it as a felony, if they charge it as a felony you should ask for a continuance and hire a lawyer right away.)

First, I would consult with her doctor because she has a neurologic condition. Is it possible that she was having a petit mal seizure at the time? Does her condition degrade her judgment or ability to process things? It may be that medical testimony may negate intent in this case. She may be able petition for what is called a Compromise of Misdemeanor. The way that works is restitution is paid to the store and with their agreement that they have been made whole, the case is dismissed. The other possibility is diversion. That program requires the defendant to waive his or her speedy trial and jury trial rights and agree that his or her guilt can be determined based on the police report. If the defendant successfully completes diversion the case is usually dismissed after a year. Due to the issues I've raised, my recommendation would be to retain an attorney. It's a rare public defender who would discover some of these arguments or bother to raise them.

It sounds like she has a defense. She definitely needs an attorney, I do not know whether she will be appointed one or not because if it is a municipal charge she may not be looking at jail time and therefore may not have a right to one. Her main concern should be avoiding a conviction being placed on her record which an attorney should be able to help her with.

Clearly she needs a lawyer. If you go with a public defender, you get whoever is appointed. There are no options. Some public defenders are good and work hard. Others aren't so good or don't work too hard. You don't get to choose. By hiring a lawyer, you have control over getting someone who will spend the time necessary to get the best result for your daughter.

Usually, I advise that a shoplifting conviction will make getting employment difficult and that a lawyer is needed to assist in achieving the goal of avoiding a conviction for shoplifting.

You will likely have to hire a criminal attorney if you want to get her diversion to avoid a conviction on her record. You won't get a court appointed lawyer until after she appears in court and by that time the ability to get her into diversion is likely to be foreclosed.

Either way, get an attorney. The diversion program is offered at the discretion of the City/Prosecuting attorney's office. If criminal charges have been filed, then your child is past the point of getting diversion.

Shoplifting under $200, or retail fraud 3rd degree is a low level misdemeanor & first offenders don't get jail time. Court appointed counsel can handle these cases & many courts have "house counsel" days where 1 attorney handles many people's low level cases at the same time contact the court to find out what the procedure is. If she tried to pass the registers without paying for merchandise she committed the offense.

Your daughter should be represented by a competent attorney to assist with her defense. If you are going to retain an attorney, you should do so at once. If you will be asking for court appointed counsel, that will happen at her arraignment. Once you have an attorney, he/she will be able to advise you of the possible options she will have.

This will be is a misdemeanor theft charge in Minnesota. The maximum penalty on conviction is 90 days in jail and/or a fine of $1,000.00. The dollar amount of the theft is considered low and sould make your daughter eligible for a theft offender diversion program. This will depend on the availability of the program in the county where the offense took place. I would advise you to retain a Minnesota theft defense attorney prior to her first court appearance. The prosecution will be more likely to offer a diversion to a defendant who is represented by an experienced attorney who has the ability to force a trial of the case. If the diversion program is not offered or available as an option, the best defense for her case would be to argue her lack of intent to permanently deprive the owner of the goods since she was apprehended before she left the store. A proactive approach to her defense will also improve the outcome in her case. I would also advice your daughter to enroll in and complete an online theft offender treatment program prior to her first court appearance. A positive effort towards rehabilitation can often make the difference between a criminal record and a clean slate.

My answer all depends on the location of arrest. Usually in the NYC metropolitan area, she might receive a court diversion. Go with the Public Defender for the first court appearance. If you are dissatisfied, you can always hire private counsel.

If she qualifies for a public defender which it sounds like she would, you would apply for their assistance at the first court appearance. Some jurisdictions have pretrial diversion programs. If that is not an option she would likely be able to receive some sort of disposition to keep it off her record like a petty misdemeanor or stay of adjudication. She doesn't have to leave the store to be charged but it could provide a defense potentially depending on the circumstances or at least serve as a mitigating factor.

Whether you hire a private attorney or attempt to qualify for a public defender is a personal decision. To qualify for a public defender you must have low or no income. You should contact an attorney and have the attorney listen to all of the facts and analyze your case. A good attorney would be reasonable in cost considering your daughter's condition and lack of prior history.

She definitely needs a lawyer and can apply for one for free at the first court appearance. She may be eligible for an "ACD". An ACD is where your case gets adjourned, usually for a year but sometimes less. If you don't get into trouble while the case remains open, then on the adjourned date the case is automatically dismissed. You usually get offered only one of these and very rarely a second.

She is guilty of Petty Larceny and therefore a very bad decision maker. You should retain a good criminal lawyer. He can get the charges dismissed so that she will not have criminal record. He will explain that she risked her entire future for or a few dollars. Many young people steal from stores because they are impulsive and do not understand the consequences of their actions.

Your daughter definitely needs a lawyer. There are many excellent public defenders. If your daughter can't afford an to pay an attorney, they are there to represent her. If she doesn't like her appointed attorney, you an always retain someone.

The crime of shoplifting (theft of property 3rd) is completed when merchandise is secreted with the intent to take the merchandise without paying. It makes no difference if the person exits the store or not. You would be best served with an attorney. If you cannot afford an attorney, and you qualify, accept a court-appointed attorney to represent your daughter. Pre-trial diversion is not always offered on top cases.

As far as the crime of shoplifting is concerned, as soon as the item is picked up with the intention to steal it, that's the completed crime. But of course, its very difficult to prove someone meant to steal something when they are just standing there, holding it. However, when they have it on their person, headed for the door, it becomes easier to prove. As far as hiring a lawyer goes, you should trust your instinct. If the legal aid is working for you, then keep them. If you need a lawyer to insure that your daughter's case does not continue to haunt her as she grows up, then you might want to hire a professional.

She hsould have an attorney to deal with the store and the court. She can't get a public defender until she goes to court. She doesn't need diversion if she can get the charge dismsssed under the compromise of misdemeanor statute.

If she is disabled and qualifies, she may get an appointed attorney. Remember that you want an attorney to care for you client and that's easier when you pay the attorney.

Public defenders provide excellent counsel but sometimes don't have as much time to spend talking with their clients regarding the case as a private attorney will have. A private attorney will have more time not have time to take a personal interest in your daughter's matter. Either way you go, requesting pretrial diversion is a good idea. Diversion may require terms including returning of the stolen goods, or compensating the retailer for their loss, and possibly some amount of community service or theft counseling. Successful completion of diversion will prevent the charge from becoming part of your daughter's permanent record.

Definitely speak to an attorney before you do anything - this case will probably be disposed of in the Municipal Court wherein the theft occurred so pretrial intervention is not an option.

She will need to be represented by an attorney in some way - either because she (and/or the family) hires an attorney or if the court appoints a lawyer. If you decide to go with a private attorney, that attorney can appear on your daughter's behalf without her having to show up in court. Look for a local attorney that practices exclusively criminal defense and who routinely appears on the court where your daughter's case will be heard. If she cannot afford an attorney, she will have to appear in court and request a public defender. If she financially qualifies, the court will appoint a lawyer to represent her. No, you cannot get a public defender before court - they must be appointed by the judge once she's in court. Either the lawyer you hire for her or her public defender can then analyze the case to determine what factual or legal defenses are available to her and proceed accordingly.

Your daughter is most likely charged with Petit Larceny, a Class A Misdemeanor. The Maximum punishments for this charge are one year in jail, 3 years probation, $1,000 fine plus court surcharges, and a criminal record. If this is her first offense, any maximum punishment would be unlikely. However, as your daughter does risk a criminal record and some form of the aforementioned punishments, you should certainly hire an attorney. If you hire an attorney, you would do so prior to the court date. If she qualifies for a public defender, one would likely be appointed on the first court date. Pretrial diversion is not applicable to these particular facts. And, unfortunately, there is no requirement that a person leave the store in order to be found guilty of petit larceny. It is possible, especially if this is a first offense, to resolve this matter without a criminal record and with as little punishment as possible. However, I certainly suggest seeking experienced legal counsel to fight for a non-criminal resolution as this is currently a criminal level offense.

If you can't afford a private attorney, a public defender will be appointed at your daughter's first court appearance (the arraignment). She will have to opportunity to talk with the PD about her options and possible defenses. Most counties offer some sort of diversion for first-time shoplifters if the value of the goods was less than $50 and there was no violence used during the theft.

At her first court date she can ask for a Public Defender if you don't have money to retain private counsel for her. After they file at the first hearing after they file or shortly thereafter they should offer a diversion program.

Go with the appointed counsel, known as the public defender. Your daughter will ask for that representation when she appears in court for the first time. In all respects, she should be granted free counsel. Anyway, as for the case itself, actually leaving the store is not necessary, passing the last point of payment, the cash register, is sufficient for her to be stopped. In any case, your daughter is probably facing some kind of probationary sentence, in a worse case scenario, no jail time. In Illinois, she would be entitled to supervision, or theft deterrent school, which would not be a permanent mark against her record.

You don't say what state you are writing from. Most states have roughly the same penalties. Shop lift is a gross misdemeanor, punishable by a maximum of 1 year in jail and a $5,000.00 fine. As a first offense, it is highly unlikely that your daughter would do any jail time, but get a suspended sentence (probation). The court would set the terms of the probation (over a 2 year period) and if she violates, she would then, likely, go to jail. It is always good to have an attorney because that person may be able to get you a better resolution of the matter, without it becoming a permanent part of your daughter's record. If you cannot afford a private attorney, the court will appoint one to represent your daughter. However, the appointment won't come until your daughter's first appearance in court, at which time she will be screened to see if she qualifies (based upon financial ability). From your information, it sounds like she would probably qualify. A pre-trial diversion, if possible, would come after the preliminary hearing. Another option worth considering is what is called a "compromise of misdemeanor". An attorney can explain how this works. You should do what you can to see if you can prevent this from being a permanent part of your daughters record, as it could impact her employability and the ability/eligibility to receive any government loans and/or assistance.

I would retain counsel for her or use the legal aid attorney, but definitely get an attorney for her. At the pre-trial conference is when the assistant district attorney would normally offer the diversion or your attorney can suggest it in the negotiations. Consult with an attorney.

Regarding the issue of not exiting the store, this could be a factor, depending upon whether this fact is indicated in the reports (probably it won't be). Maybe there could be other evidence of it, e.g. on a video surveillance tape. As for the question about getting counsel vs. appointed counsel, she would have to qualify for court appointed counsel on a financial statement. If not, or if you want to help her with funds, you can call for a consultation now to discuss the various options (you mention pretrial diversion...this can be explained in greater detail). If you obtain counsel now, counsel can appear without her for the arraignment, provided the case is a misdemeanor.

It would be better if you retained counsel

There is no such thing as pre-trial diversion for a petty theft, which is a crime of moral turpitude. A court-appointed lawyer, even if she gets one, will likely just plead her guilty. Understand that every public defender is over-burdened with hundreds of cases every month and is unlikely to give your daughter's case the attention to detail that every defendant deserves. Hire a private criminal attorney now before she incriminates herself further by talking to the wrong people or signing documents she shouldn't be signing.

You need to protect your legal rights and representing yourself is not the way to do so. Retaining a lawyer need not be as difficult as you think. Write down any questions you have and call me. I will take your call and give you the information you need to make a decision regarding this situation. Should you choose to follow my advice and decide to retain a lawyer.

Retain an attorney if you can. First, you only get a public defender if you are indigent. Second, public defenders tend to be very overworked. I attended a hearing at City Hall a few years ago and the head of Legal Aid testified that his lawyers carry 700 cases each!

She will not be eligible for appointed counsel so I would recommend you retain one. The attorney can get her into a diversion program to get the case eventually dismissed. The Court has ruled previously that the merchant does not have to wait until the suspect leaves the store to detain them. Not a good defense.

You are only entitled to a court-appointed attorney if it is a felony. If it is a misdemeanor (as in your daughter's case) it is up to the judge whether or not she should get a court-appointed lawyer and will only do so if be believes that jail is a likely possibility which I can almost all but assure you that it is not. Hopefully she qualifies for a diversion program which focuses on community service and as long as she completes the terms of her sentence, it would not appear on her public record. While it's not necessary to hire an attorney, it's not a bad idea either. At least have one review the police report for any errors or discrepancies that could get the charges dismissed.

If you choose to retain counsel, then you will want to do so prior to the hearing. If you choose to go with appointed counsel, then it will depend upon the court in which your case is heard; some jurisdictions have a public defender, whereas others will simply have a list of attorneys who can serve as appointed counsel. Based upon your daughter's financial situation, she will likely meet the requirements for having counsel appointed to represent her, should she choose to do so. If you do choose to have an appointed attorney represent her, then you may want to contact the court before the hearing date. Most courts will handle this at the time of the hearing, but it doesn't hurt to try to contact them ahead of time; you may be able to get the appointment taken care of before the hearing, and it may help expedite things along. The pre-trial diversion programs (also known as court referral programs in some jurisdictions) are typically handled the day of the hearing. Given your daughter's absence of a criminal record and the mild nature of this offense, she may very well be eligible for a pre-trial diversion program. Ultimately, this is up to the discretion of the prosecutor and judge. They will usually let you know up front whether this is something that they are offering.

Your appointed counsel or a lawyer you hire should be able to guide you in the right direction. If you can afford to hire an attorney, that might be a good idea. If there is an attorney appointed, be sure you are comfortable with the attorney and you fully understand any plea agreements before agreeing to plead guilty to anything.