QUESTION
What is going to happen to my daughter for shoplifting?
Asked on Oct 10th, 2011 on Criminal Law - Washington
More details to this question:
My 15 year old daughter got caught shoplifting and is due for court in a few months. What is going to happen in court?
18 ANSWERS
Any number of outcomes are possible, depending the nature of the crime and your daughter's history and the amount stolen.
Answered on Jul 08th, 2013 at 9:04 PM
Jacob P. Sartz
You are presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. In Michigan, the maximum penalties for a retail fraud, third, usually charged in alleged shop-lifting 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. 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.
Answered on Nov 08th, 2011 at 10:01 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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There are a lot of variables here. She is a juvenile, so the issue will be handled in Juvenile court. What was the value of the alleged item(s) taken? Does she have any prior record? Call me at 818-336-1384 if you would like to discuss further. S
Answered on Oct 28th, 2011 at 1:21 PM
Michael J. Breczinski
She will be in juvenile court and a lot will depend on the underlying issues. Why was she out there shoplifting? And What can be done so it will not happen again? You should get an attorney.
Answered on Oct 28th, 2011 at 1:21 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to hire a lawyer to get a deferred disposition for her so that you protect her record.
Answered on Oct 28th, 2011 at 1:21 PM
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Probably get a "PAY" plan or some other diversion program if she has no prior record.
Answered on Oct 28th, 2011 at 1:21 PM
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No lawyer can predict the future. However, I would seek the assistance of counsel to guide your daughter through the process. In the hands of a capable lawyer the outcome can be greatly improved.
Answered on Oct 13th, 2011 at 2:10 PM
At the first hearing she will be advised of the charges against her, advised of her rights and asked to enter a plea. If she pleads not guilty the matter will be set for pre-trial where the matter can be discussed with the prosecutor and a possible plea deal struck. If she pleads guilty, the matter will be set for a dispositional hearing, a fancy word in juvenile court for a sentencing. If she has a clean record, it is likely that she will face fines, costs, community service and probation. A juvenile record is a public record so someone looking for it could find it.
Answered on Oct 13th, 2011 at 11:03 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Most likely if she has no priord nothing serious will happen. They will probably just release her to you - maybe put her on probation. But the good news is that you can get a FREE lawyer for her. Most public defenders are overworked and many aren't worth a damn but the ones who work in Juvi Court ONLY work there so they really understand that system. Private lawyers rarely go there -mostly because there is not very much money in it and you can wastehalf a day sitting around waitingfor your case to be called. The Juvi Court P.D.s are given to the minor free as they assume the minor has no money to hire a lawyer AND theparents are not required to pay. As counties run out of money, however, this too will probably change so take advantage of it while you can. You are ALWAYS better off going to court with a lawyer than without, even if it is just some lump of clay warm body standing next to you.
Answered on Oct 12th, 2011 at 1:05 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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More than likely she will either be placed on a diversion program where if she successfully completes community service, the charge will not appear on her public record, or she will be place on the juvenile equivalent of probation if convicted or if she pleads. Have an attorney review the case file before agreeing to anything or pleading to anything.
Answered on Oct 12th, 2011 at 11:50 AM
if the case is to be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated. If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered. If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. There is no right to a jury trial a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition. If the allegations are not proven, the judge will dismiss the case. If the allegations are proven, the judge may rule that the child is a status offender or a delinquent. A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not to others, he or she may be put on probation. Other options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies.
Answered on Oct 12th, 2011 at 10:32 AM
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You need to hire an attorney because if she gets convicted it will be very difficult for her to ever get a job. Depends on the amount but any conviction is a crime of moral turpitude. This is not a case to play around on.
Answered on Oct 11th, 2011 at 11:38 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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First, she needs a lawyer and a parent must appear with her. Next, if the amount involved is no too large and there are no other aggravating circumstances, then she might be offered an adjournment and eventual dismissal if stays out is trouble. She might also have to write an essay and/or do community service.
Answered on Oct 11th, 2011 at 11:19 PM
Samuel H. Harrison
Because of her age, it will be a Juvenile court case. Most juvenile courts use some sort of diversion or other program designed to teach the child why shoplifting is a bad idea. If she gets into a pattern of this behavior, she could eventually find herself in juvenile detention.
Answered on Oct 11th, 2011 at 4:57 PM
More than likely your daughter will qualify for youthful offender status. You will need to consult an attorney to protect your daughters rights and to ensure that any criminal record is sealed so that she may answer that she has not been convicted of a crime.
Answered on Oct 11th, 2011 at 4:22 PM
Daniel Kieth Martin
Most likely she will be offered a diversion program. You should consider speaking with a lawyer because you do not want that to be on her record.
Answered on Oct 11th, 2011 at 4:03 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The good news (if there is some) is that she's a minor and will be dealt with in the juvenile courts. As a first offender, she should be eligible for a diversion type program and avoid a "conviction". She does need to be represented by an attorney - either one the family hires or the public defender will be appointed by the court.
Answered on Oct 11th, 2011 at 3:36 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Shop lift is a gross misdemeanor, which means it is punishable by a maximum of 1 year in jail and a $5,000.00 fine. If this is your daughter's first offense, the likelihood of her going to jail is minimal. What she will probably get is a suspended sentence, which means that the judge sentences her to 1 year in jail, but suspends all the jail time, conditioned upon her doing certain things: pay a fine, community service hours, consumer awareness counseling, maintain law abiding behavior. The period of time for "probation" is usually 1 -2 years. If she violates any of the conditions imposed upon her, then the judge could put her in jail. My advice to you is to retain an attorney because that attorney may be able to get the case diverted, which means that it would not become a permanent part of your daughter's record. You want to do what you can to keep this off her record because a theft conviction will impact her employment opportunities. It may also limit the number of colleges to which she might seek admissions, and it will impact her ability to obtain scholarships, financial aid and government loans. I hope that your daughter learns from this experience.
Answered on Oct 11th, 2011 at 3:02 PM