Wife Accused of Shoplifting

My question involves criminal law for the state of: Maryland
Hi, I need your help, my wife is been accused of shoplifting $120 worth of merchandise in Charles County, MD, we hired an attorney because my wife told me and I trust her, it was my little son who changed the price tags while they went to the bathroom, he was sitting in the cart with the merchandise, but the store clerk said that she my wife on tape, the police was called and the officer gave my wife 2 options: go to jail or say she did it and wait for her day in court.
The first consultation with the lawyer he told us he would requested the tape from the store but when we arrived at the court house the lawyer suggested my wife to plea guilty and then he will negotiate a lesser offense that will carry NO jail time, he said that if we had to go to trial we will lose the case, how he knows? He didn't even requested the tape from the store, I was even thinking in hiring another lawyer and I don't know if it's possible at this stage, the store clerk also showed up at the hearing. The judge set up a new court date in 3 months because the store clerk had an emergency and had to leave.
What you guys advice us? Take the plea or go to trial? My wife is eligible to file for citizenship next year.
Thanks very much and sorry for the long post.
MD

How old is the child you are trying to blame this on?

also, be aware that if your wife told the child or was aware the child switched tags, they are both guilty of crimes.

He's 3 yrs, that's what my wife told me, I was not at the store and I believe her, I have known her for 18 yrs now and never had this kind of problems. If she pleads guilty, do you know if this will be an issue at naturalization or she should wait for 5 yrs more to apply?
Thanks for taking the time to answer me.

A 3 year old changed price tags? Sir, no offense, but....your wife is a liar.

The first lawyer told you to have her plead guilty and go for a plea deal. I'd take that chance. Chances are he has seen the store tape and LP witness statement, and that he knows the prosecutor has a strong case.

See....this is what will happen in court:

Wife: My 3 year old did it. I didn't notice.
Store: Produces evidence showing wife doing it, and testimony from the store LP....

Now the judge is gonna look at that....and when your wife says "My toddler did it"....he's gonna be pissed that he is being lied to. And there will be no plea deal of a lesser charge. In fact, the judge will likely go with the harshest sentence/fine possible.

Your best bet is to go with the lawyer you have.....or hire another lawyer.

Were the price tags changed between items that were going to be purchased?

This is what makes no logical sense to me....

If the tags were the stuck-through kind...the kid is not going to be able to poke the tag through without damaging the tag and/or the items.

If they are sticky price tags....again, how is a toddler going to get them off without it being obvious?

Now we have this: Probably along the lines of CyJeff's thought....I'm going to use 4 items as an example.
You have 4 items in the cart. Junior removes the tags from all 4 items and puts them back on....Price Tag A is now on Item D, Tag C is now on Item A....

At this point, the total of the goods is still going to match. And as long as all 4 items are purchased, LP should not be concerned.

I also wonder about this: "it was my little son who changed the price tags while they went to the bathroom, he was sitting in the cart with the merchandise".

In most cases, stores have policies against surveillance in bathrooms and inside the fitting rooms.......

I don't know much about the immigration process but I would make absolutely sure whatever lawyer you have hired does before suggesting anything to her. Your lawyer needs to be aware of her immigration status and take that into consideration when working through this.

However, saying that a 3 year old is wandering the store changing out the prices of completely different items to reduce the overall value of the items in the cart is going to be hard to convince.

You have another concern. If your wife is convicted of this crime, you may have some issues with the court where your child is concerned. Judges typically take a dim view of crimes either blamed on innocent children or committed while caring for a child.

You see, if the child was merely changing the price tags of the items to be purchased, I can't see the store caring either way. There is more to this story.

Quote:

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Quoting PandorasBox

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In most cases, stores have policies against surveillance in bathrooms and inside the fitting rooms.......

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In most cases, stores have policies against unpurchased items in the bathrooms.

Again, there is more to this story.

Hi all,
Thanks for your answers, I appreciate very much your comments.
My boy took off the tags and my wife was trying to stick them back and she probably didn't realized which one belonged to which and when she went to the register that's when the store clerk confronted her but she paid for the items at the end.
What I am learning from you guys is that is best to take the lawyer suggestion, right?
Thanks once again.

Question...how long was your wife in the bathroom? And why leave Junior unattended in a shopping cart for so long?

As CyJeff pointed out....99.99999999% of stores have signs on the bathroom doors to not bring merchandise into the bathroom. Most parents leave the cart outside the bathroom, and bring Junior into the stall with them.

Next....as pointed out too, the court is going to wonder why Junior was left unattended for that period of time. I wonder if the judge or prosecutor can refer the case to Child Protective Services, also....

No matter what, your wife needs to start being 100% HONEST in telling this story.