QUESTION

Can the court include a shoplifting charge?

Asked on Mar 12th, 2012 on Criminal Law - California
More details to this question:
Iโ€™m reviewing an incident involving a minor who was going to use a fake ID to purchase alcohol. When he was waiting in line an undercover cop approached him and arrested him for minor in possession with alcohol and also with shoplifting. My question is, is the court able to attach the charge shoplifting even though the minor had the intention to purchase the alcohol with a fake ID.
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7 ANSWERS

It was the prosecution that is charging the minor with shoplifting. This is acceptable to do this. However, to prove it they would have to prove that he went into the store with the intent to shoplift and then show that he was on his way out with the item without paying for it.
Answered on Mar 14th, 2012 at 9:48 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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The court does not decide what crimes a person gets charged with. That is decided by the DA. It is impossible to give you a definitive answer without more information, but keep the following in mind. If the cop had reasonable suspicion to detain the minor for the alcohol, and during the course of that detention, evidence of shoplifting was discovered, then both charges are fair game. You need to hire an attorney, or ask that the public defender be appointed, for a full case evaluation. Issues of reasonable suspicion, probable cause, and search/seizure are highly complex.
Answered on Mar 14th, 2012 at 3:29 PM

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Criminal Law Attorney serving San Francisco, CA at The Law Office of John D. Forsyth
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The district attorney files the charges, not the court. The charges will be based upon the police report. The facts you have described do not appear to be enought to support a petty theft charge. There may be more to the story than you are aware.
Answered on Mar 14th, 2012 at 3:15 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Shoplifting? Theft is taking property with the intent to steal it. The minor intended to pay for it. How is that stealing.
Answered on Mar 13th, 2012 at 7:48 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much time and fines could potentially be imposed if convicted. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Mar 13th, 2012 at 7:09 PM

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Court doesn't do anything, and has no authority to. Only the prosecutor can add/file charges, and yes that is the DA's perogative.
Answered on Mar 13th, 2012 at 2:54 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Shoplifting charge probably won't stand up in court.
Answered on Mar 13th, 2012 at 2:09 PM

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