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Daughter Got Arrested with a Girlfriend Who Shoplifted at Walmart

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  • 12-29-2012, 11:33 AM
    Fireh2o
    Daughter Got Arrested with a Girlfriend Who Shoplifted at Walmart
    My question involves criminal law for the state of: California
    My 19 y/o daughter was at Walmart with another 19 y/o female friend; they shopped separately. My daughter purchased a few small items (less than $2.00), and met up with her friend on the way out. They were stopped by LP personnel, taken to the back of the store, questioned, and both were subsequently arrested. The friend had shoplifted a bottle of liquor and put it in her purse; my daughter didn't have a purse, never spoke to the friend about the friend's intentions/plan. They were both charged with burglary, bail was set at $25k.

    I will be speaking to an attorney on Monday, but I am not sure what's next.

    My questions are:
    1. Was the burglary charge appropriate for both? According to my daughter, she had no knowledge of the plan, never saw it occur, wasn't present in the liquor department, and never had possession of the item.

    2. What's the likelihood the charges would be adjusted, or dropped against my daughter?

    3. Realizing there are numerous variables in each case, what's the best she can hope for?

    3. If there is a reduction in charges, or they are dropped, will that effect the bail I already paid?

    4. She is home from attending school in a different state, what are the options for future court dates/appearances?

    Thanks in advance.
  • 12-29-2012, 11:45 AM
    flyingron
    Re: Daughter Got Arrested with a Girlfriend Who Shoplifted at Walmart
    All they need is probable cause. The fact she accompanied the thief was obviously sufficient to think that she participated in the crime.

    The lawyer will argue the lack of case and even probable cause to try to get the case thrown out before trial and if that doesn't work mount a defense in trial.

    If you paid the bail yourself, and your daughter makes her appearances, the money will be returned to you 30 days afterwards. If you are referring to the 10% you paid to a bondsman, that money is gone forever.

    The lawyer may be able to stand for her (or waive) some of the preliminaries, but if it goes to trial, she'll have to be there.

    The lawyer can give you the details seeing exactly what the charges is and what court you are appearing in.
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