Shoplifting charge

[newstart18]

What is the name of your state (only U.S. law)? Ohio. My daughter was charged with shoplifting yesterday. She told me about it yesterday evening. I don't have all of the details, because she was very upset when she told me about it. What she did tell me was that she was caught leaving the store with some small items in her coat pockets, nail polish, candy, inexpensive things like that. She told me that she was making gift baskets for her friends, had some items in the baskets (which she paid for) and didn't have room for the extra things so she put them in her pockets, not intending to steal them. Her reason was that she was on the phone with a friend while in the store, and simply wasn't thinking, and was caught leaving the store with the items still in her pockets. The store manager had security detain her, and they did call the police. Looking at this from the outside, I wouldn't believe her either, other than this is so hard for me to believe. She is 21, lives at home, is in college, works, and has never been in any trouble of any kind. She was caught leaving the store with unpaid for items, so whether her story is true or not, I realize that shoplifting is shoplifting. What I'm most concerned about is her having this on her record. I don't want her future ruined over one stupid incident. Any advice or recommendations would be appreciated, she has to appear in court on Tuesday.

 

[cbg]

The only possible advice here is "get her a lawyer". She's an adult - this is her issue to deal with. Mommy can't make it go away, much as she wants to (I have adult children too). Quite frankly, she needs to be the one worrying about her future.

 

[latigo]

What is the name of your state (only U.S. law)? Ohio. My daughter was charged with shoplifting yesterday. . . .

As would any parent, I truly feel for you.

Just continue praying that she isn’t charged with burglary (a felony). Then hire the best criminal defense attorney that you and she can't afford to negotiate with the prosecution with the aim of receiving, at maximum, a "judgment withholding conviction".


Good luck

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio. My daughter was charged with shoplifting yesterday. She told me about it yesterday evening. I don't have all of the details, because she was very upset when she told me about it. What she did tell me was that she was caught leaving the store with some small items in her coat pockets, nail polish, candy, inexpensive things like that. She told me that she was making gift baskets for her friends, had some items in the baskets (which she paid for) and didn't have room for the extra things so she put them in her pockets, not intending to steal them. Her reason was that she was on the phone with a friend while in the store, and simply wasn't thinking, and was caught leaving the store with the items still in her pockets. The store manager had security detain her, and they did call the police. Looking at this from the outside, I wouldn't believe her either, other than this is so hard for me to believe. She is 21, lives at home, is in college, works, and has never been in any trouble of any kind. She was caught leaving the store with unpaid for items, so whether her story is true or not, I realize that shoplifting is shoplifting. What I'm most concerned about is her having this on her record. I don't want her future ruined over one stupid incident. Any advice or recommendations would be appreciated, she has to appear in court on Tuesday.

Most likely this is a misdemeanor -- she needs to ask for diversion. If she successfully completes the diversion program, this will be removed from her record. Any attorney should be able to get her diversion provided the municipal court offers it. If she is charged with a felony, that means she stole over $1000 worth of items. Shoplifting is shoplifting. But she may get lucky. She will also receive a civil demand which she should pay unless she has the money to hire an attorney to fight it. She can also expect never to be allowed in this store (or chain) again. What is her major in college and where does she work?

 

[LdiJ]

Your daughter posted about this on another forum and I am going to give you the same piece of advice that I gave her.

If I had a dollar for every time someone did something foolish while they were distracted by a cell phone call I would be a wealthy woman. Your daughter needs to stop answering the phone when she is doing something that requires even a little bit of her attention. She can alway call people back.

 

[HomeGuru]

And always get another basket or a shopping cart.

 

[Ohiogal]

Your daughter posted about this on another forum and I am going to give you the same piece of advice that I gave her.

If I had a dollar for every time someone did something foolish while they were distracted by a cell phone call I would be a wealthy woman. Your daughter needs to stop answering the phone when she is doing something that requires even a little bit of her attention. She can alway call people back.

And for everytime someone tried to use that excuse when they committed a crime or violation of law.... yeah, it is a handy excuse but doesn't mean it matters at all. And it doesn't mitigate the crime.

 

[LdiJ]

And for everytime someone tried to use that excuse when they committed a crime or violation of law.... yeah, it is a handy excuse but doesn't mean it matters at all. And it doesn't mitigate the crime.

Of course it doesn't matter legally or mitigate the crime...but if it really happened because she was distracted by the phone call that she should not have been on while she was at the checkout counter, then its a lesson she needs to learn now.

Its a pet peeve of mine...people who cannot put the phone down. If I have a client who keeps answering their phone or having a long conversation while I am doing their tax return I simply stop and look at them until they get off the phone. Then I politely tell them that their tax return requires their attention and that they need to turn the phone off until we are finished.