Forgetting to Remove Clothes in the Changing Room

[philosopeace]

My sister was accused of shoplifting today. She tries on underwear over her own and forgot to take a bra off when she left, which I know is very stupid and sounds suspicious. But she had a hard day at work and was exhausted and realized she had to be somewhere soon. There was no tag on the item, but if you know anything about Kohl's you know they are very disorganized and that isn't uncommon. Nor is it uncommon for random tags to be left in dressing rooms. So apparently a tag matched the bra. She's 20, has no police record and no intent on stealing anything. The security guard/officer seemed understanding enough and only wrote her a ticket and she has a court date that I will accompany her to. My question is what can she/we expect? How much are these fines usually? Is it hopeless to think she can argue her case and win? Any and all advice is appreciated. Thank you!

[Guilty Or Not Guilty]

State laws varies. What state did it happen in?

[philosopeace]

Illinois. Also, will the complainant be at court? We think the complainant is one of the young girls that works at the store. She was very rude and aggressive. Hopefully we won't have to deal with her in court. Should we expect to?

[Guilty Or Not Guilty]

If she pleaded not guilty I can see no chance of her winning because of what you said, "is very stupid and sounds suspicious." I would prefer her to get a criminal defense attorney plead guilty and try to make an agreement of getting it dissmissed after doing good on probation. If they all will settle on this agreement, there will be no chance of hearing anyone complain from the store.

[philosopeace]

No chance? What kind of fine are we looking at? They said it was just a ticket so I didn't think there's going to be any probation or jail time... The "cop" also said it won't be on her record either way. Is there any way her straight A's and otherwise responsible life (2 jobs, etc.) would sway anyone? Not to mention the fact that our mother still pays for all our clothes; if she intended on having anything she would have just had to pull out the plastic. They said it would just be her and a bunch of other people with tickets for things; do you think the complainant will need to be there/show up? Basically, how can we work this in our favor? We're absolutely desperate.

[Guilty Or Not Guilty]

"No chance" is only my opinion. Really everyone has a chance at winning in court. But some chances are lower than others.

I'm a little confused. If they told you it will not be any jail time or probation. And if the police officer told you it will not appear on her record, what's to worry about? If she gets only a fine from $50 - $500 she would be very lucky, everything will be in her favor.

[philosopeace]

Well, they said it was only a ticket, not an arrest. I'm only assuming that means no jail or probation because I thought tickets were only for some amount of money. Perhaps I'm wrong? We're really just trying to get the whole thing thrown out.

[Guilty Or Not Guilty]

Here is a story of a person pleading guilty for shoplifting:
http://www.expertlaw.com/forums/showthread.php?t=8866

At the end she gets another chance to get a clean record if she does good on probation. That is how most cases run if a person pleads guilty being charged with their first misdemeanor. If a person truly believes they were not responsible they would plead not guilty. If a person pleads not guilty there will be more court time. If the court finds them guilty, there will be more of a harsher punishment with a permanent record.

I can understand your sister is in fear and very nervous. That is how everyone is especially on their first charge. It's best to think it over carefully on what she should plea.

There is nothing you can do to get it thrown out. The only one who can throw it out is Kohls.

[werewolffan98]

Um ,can you say anything like ,"how dare you call me a thief i don't steal things you nitwit!"

Because i would make it a personal issue,because part of it is questioning someone's honor.*

*God help me, i almost spelled it as honour.

[philosopeace]

This is pretty much ruining her life already. Do you really think they could put her on probation or jail time or even more court? Can tickets really be for anything other than money? I think she'd be willing to pay a small fee just to get this whole thing overwith. Is there any way to bargain?

I'm aware that this is just a question of intent. Is there anything that can be done or said to prove there was no motive or intent? Grades? Bringing her psychiatrist to testify for her mental health?