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My Fifteen-Year-Old Daughter Was Caught Shoplifting

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  • 04-22-2007, 12:18 PM
    wca
    My Fifteen-Year-Old Daughter Was Caught Shoplifting
    We live in California. Late last week my 15 year old daughter was arrested for shoplifing at the local mall. She and two friends went into one store, took a few pairs of earrings and weren't caught. They then proceeded into another store and took a single pair of earrings and were caught. When the police were called, they gave fake names and addresses. My daughter paniced and called my sister, who then called me at work. The police officer stated my daughter (and her friends) were being charged with two counts of shoplifting and one count of lying to a police officer. The officer released my daughter to me instead of taking her to juvenile hall. Before we left, the mall security guard said to me, "just so you know, the stores will file a civil suit against you (as her parent) for $5000 each, since that's the most they can get". To be clear, my husband and I are very upset with our daughter's actions, we make no excuses for her behavior and she will be disciplined by us. But we are good parents, we're both college educated, have good jobs and have never been in trouble with the law. Our daughter is an only child and until this incident, has never been in serious trouble. We don't allow her to run around and infact, she had just gotten off being grounded for a poor grade in school. My question is... can my husband and I really be fined $5000 for each of our daughter's shoplifting charges? Will a judge really award that? I belive our daughter should face consequences for her actions, but I really don't believe charging us, as her parents, up to $10,000 is appropriate.
    Any insight will be GREATLY appreciated. Thank you.
  • 04-22-2007, 12:27 PM
    panther10758
    Re: My 15 yr old daughter caught shoplifting
    Both offenses are felonies. Because she stole from mor ethanone store it becomes burglary (felony) she then lied to a Police Officer (second felony) Fine a criminal defense Attorney as soon as possible its very likley you can get charge reduced!
  • 04-22-2007, 01:27 PM
    wca
    Re: My 15 yr old daughter caught shoplifting
    Actually, I checked with a local police sgt. and he said as long as the false name is something made-up (not the name of someone the individual actually knows) it's a misdemeanor.
  • 04-22-2007, 01:32 PM
    panther10758
    Re: My 15 yr old daughter caught shoplifting
    Has anyone explained why a Civil suit of $5000.00? The states have a process called "Civil Demand" that allows retailers to sue you "Civilly" for time trouble etc involved in case. It unrelated to court fines etc as its "Civil". However the norm (depending on state is $50.00 - $1000.00 not $5000.00
  • 04-22-2007, 01:51 PM
    wca
    Re: My 15 yr old daughter caught shoplifting
    Whew... I'm SO relieved to read that. I have been ALL over the web and everything I found said $50 - 1000, nothing about $5000. Does the amount of the merchandise (which totaled under $20 and ALL of which was returned to the stores) play a role in the amount of the fine? Also, in your experience, will the fact that we're VERY involved parents, who plan to ground her indefinitely, make a difference?
  • 04-22-2007, 02:41 PM
    panther10758
    Re: My 15 yr old daughter caught shoplifting
    What is going to happen at home has little to do with court actions or civil suits
  • 04-23-2007, 09:47 AM
    redtoy92
    Re: My 15 yr old daughter caught shoplifting
    Quote:

    Quoting wca
    View Post
    Whew... I'm SO relieved to read that. I have been ALL over the web and everything I found said $50 - 1000, nothing about $5000. Does the amount of the merchandise (which totaled under $20 and ALL of which was returned to the stores) play a role in the amount of the fine? Also, in your experience, will the fact that we're VERY involved parents, who plan to ground her indefinitely, make a difference?

    I am sure the max ins 5k but most retailers take into account the total of the merchandise stolen, if they had stolen from there before, how long the inncident took of the security guards etc. I am sure they will be no more then 500 at the most but you never know. And remember just because you and your husband are educated makes no difference in what your daughter will do. I am not sure why you used that as a defense to her actions. Also I am betting the reason she did this is becuase she is a only child. So she wants to make friends and fit in with the group. Good luck
  • 04-23-2007, 10:44 AM
    wca
    Re: My 15 yr old daughter caught shoplifting
    When I included our background, I wanted to emphasize that we are NOT the type of parents who don't try to lead by example, are never around or simply don't care. Maybe that doesn't matter - I've never had to deal with a situation such as this.
  • 06-28-2007, 09:32 AM
    SaM5246
    Re: My 15 yr old daughter caught shoplifting
    Quote:

    Quoting wca
    View Post
    We live in California. Late last week my 15 year old daughter was arrested for shoplifing at the local mall. She and two friends went into one store, took a few pairs of earrings and weren't caught. They then proceeded into another store and took a single pair of earrings and were caught. When the police were called, they gave fake names and addresses. My daughter paniced and called my sister, who then called me at work. The police officer stated my daughter (and her friends) were being charged with two counts of shoplifting and one count of lying to a police officer. The officer released my daughter to me instead of taking her to juvenile hall. Before we left, the mall security guard said to me, "just so you know, the stores will file a civil suit against you (as her parent) for $5000 each, since that's the most they can get". To be clear, my husband and I are very upset with our daughter's actions, we make no excuses for her behavior and she will be disciplined by us. But we are good parents, we're both college educated, have good jobs and have never been in trouble with the law. Our daughter is an only child and until this incident, has never been in serious trouble. We don't allow her to run around and infact, she had just gotten off being grounded for a poor grade in school. My question is... can my husband and I really be fined $5000 for each of our daughter's shoplifting charges? Will a judge really award that? I belive our daughter should face consequences for her actions, but I really don't believe charging us, as her parents, up to $10,000 is appropriate.
    Any insight will be GREATLY appreciated. Thank you.

    I was in a similar situation. The best thing to do is hire a great Criminal Defense attorney. It will cost you about $2000 but when I hired an attorney he got the case dropped.

    His idea was to keep making a motion for continuance until the witnesses don't show up. That is exactly what happened and the case was dismissed by the judge.
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