What should we do if my daughter was caught shoplifting?

Question

My daughter was caught shoplifting about $40 worth of clothes at a local store. This would be her first offense. She is 25, an epileptic and lives at home with us. She has never been employed and has no money. Do we need to hire a criminal defense attorney or just go with appointed counsel? If so, we don't wait until her court date to request counsel, do we? Also, when and how does she apply for pretrial diversion? I don't know if this matters, but she was approached before leaving the store, granted she was heading towards the door, but had not exited, was about 10 feet away and tells me she was considering going back to return the items. Any advice much appreciated, thanks!

Jeffrey Pollock · Answer

You may wish to try for a diversionary program at the Preliminary Hearing level.

Philip Hache · Answer

It may be possible to get this charge dismissed or reduced to an infraction.

Jacob P. Sartz · Answer

I'd recommend she retain a lawyer or request the court appoint her at the public's expense.  In Michigan, the maximum penalties for a retail fraud, third, usually charged in  alleged theft cases for merchandise with a value under $200.00,  is 93 days in jail, probation up to two years,a fine of not more than $500.00 or 3 times the  value of the difference in price, property stolen, or money or property  obtained or attempted to be obtained, whichever is greater, or both  imprisonment and a fine. MCL 750.356d. Please note, however, that these  are the maximum possible penalties. If the property is worth more, a  person will be charged with a more severe offense punishable by even  more jail time time, costs, restitution, or other sanctions. Judges in  Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant  of their maximum possible penalties pursuant to the law.   Any potential misdemeanor charge is serious and I would recommend that she retain a lawyer.

Geoffrey MacLaren Yaryan · Answer

If she passed the cash registers without paying for the items then that is   circumstantial evidence she intended to steal. A theft is the taking of  property  with the intend to permanently deprive the owner of ownership. A   public defender is appointed at the arraignment. Pretrial diversion may or may   not be available, it depends on whether the DA in the court system she will   appear in has adopted that policy. Another alternative is to have the case   reduced to an infraction, which is like a traffic ticket with no   probation.

Michael J. Breczinski · Answer

Get an attorney and that person can see about some sort of diversion or plea under advisement where if she does what they tell her then she will have no record.

Eric Sterkenburg · Answer

If you want to go with appointed counsel this will be done at the arraignment which is your first court date.  If you want to hire counsel  you should do this at the first opportunity.  Your council can bring to the DA the information that you provided and work out either a dismissal or a diversion.

Jonathan Baner · Answer

Appointed counsel are generally very good at what they do.  They will probably NOT give special attention, handholding, or be overly committed to your case like a private attorney MIGHT be due to economic reasons.  Some appointed counsel (it depends on whether this is an actual staff attorney at the appointed counsel office, or a private attorney contracting with that office) will be a bit pick and choose to try to "go to the mat" for some more than others.  That said, the work of appointed counsel is usually performed by very gifted attorneys whose only downside is time availability (MAYBE).  If you want to hire a private attorney, then do so earlier rather than later.

Daniel Kieth Martin · Answer

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.)

Justin Summary · Answer

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.

Gary Moore · Answer

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.

Steven D. Dunnings · Answer

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.

Marshall Tauber · Answer

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.

Craig Elhart · Answer

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.

Jared Altman · Answer

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.

Louis Leibowitz · Answer

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.

Mark R. Thiessen · Answer

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.

John Bussman · Answer

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.

Stephen Freeborn · Answer

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.

Joseph Dane · Answer

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.

Paula Drake · Answer

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.

Harley Gutin · Answer

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.

Brad Howell · Answer

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.

James Edward Smith · Answer

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.

Jared Austin · Answer

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.

Eric Rothstein · Answer

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!

Michael Palumbo · Answer

It would be better if you retained counsel

Jeff Yeh · Answer

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.

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What should we do if my daughter was caught shoplifting?

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