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shoplifting

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missyc65

Guest
What is the name of your state? WY
My 17 year old daughter was with her cousin who got caught shoplifting. She was questioned at the time and over a month later without a parent or attorney present. The second time the officer tried to get her to tell him what her cousin had done with the merchandise. She told him she didn't know so he charged her with shoplifting at a completely different store with no evidence. They were not stopped at the store but an employee that knew them said there was a bulge in her jacket. This had been over a month before he gave her the ticket. He was trying to intimidate her into talking about her cousin the whole time he was writing the ticket and he had absolutely no proof that she had stolen anything. Is this legal?
 


signat

Member
Has she been charged with anything?

missyc65 said:
What is the name of your state? WY
My 17 year old daughter was with her cousin who got caught shoplifting. She was questioned at the time and over a month later without a parent or attorney present. The second time the officer tried to get her to tell him what her cousin had done with the merchandise. She told him she didn't know so he charged her with shoplifting at a completely different store with no evidence. They were not stopped at the store but an employee that knew them said there was a bulge in her jacket. This had been over a month before he gave her the ticket. He was trying to intimidate her into talking about her cousin the whole time he was writing the ticket and he had absolutely no proof that she had stolen anything. Is this legal?
 
M

missyc65

Guest
She was charged with shoplifting. She already plead not guilty and has to go for her hearing the 14th. The judge did not ask her if she needed a public defender but I'm not sure if she needs an attorney or not.
 

signat

Member
shoplifiting

Do you know of which statute she was in violation? It’s probably 6-3-404(a)(iii). It is perfectly legal for your daughter to give a statement without the presence of an attorney. Your defense is going to depend heavily on what your daughter has already told the authorities. If she was unaware that her cousin was going to steal and remained unaware even when it occurred and consistently conveyed this in her statement, then she may have lacked the Mens Rea to be held criminally liable. With no recovered merchandise and very circumstantial witness testimony, you may have a pretty good defense. I am confused about who the clerk reportedly saw with the bulging jacket. Was it your daughter or her cousin? If it was the cousin, it’s likely your daughter is being charged as an accomplice which carries the same penalties as being a principle. Here are three common defenses to being charged as an accomplice:

(1) Mistake of fact -- this is not the same as "I didn't know it was a crime" (mistake of law) but a mistake of fact good faith claim because of the way a person perceives the world and makes reasoned judgments

(2) Abandonment -- the complicity was abandoned in a timely manner; the accomplice terminated their participation either completely or in part such as to deprive the principal of effectiveness at committing the crime; "I didn't help so they could get caught and learn their lesson"

(3) Withdrawal -- the complicity was repudiated voluntarily (not merely because of a fear of getting caught); "I didn't help because it was wrong"; some attempts are made to neutralize or thwart the crime such as by notifying authorities
 

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