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I Was with My Friend when He Was Caught

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  • 02-12-2009, 07:54 PM
    jimmyt
    I Was with My Friend when He Was Caught
    My question involves criminal law for the state of: CA

    I was at a JCPenney store with my friend. He's 14 and I'm 16. He stole a pair of shoes worth 45$ and when we exited the store, we were stopped from behind by security. They brought us back into an office room and searched us. My friend admit he stole the shoes. The store made us sign papers, asked our address, and called the police. He gave us a citation and said we will have a court date. Our parents picked us up soon after.

    I'm wondering:
    1. Why am I going to court even if I didn't steal anything?
    2. If my friend pleads guilty at court, do I plead not guilty?
    3. What might be my punishment, even though I did not steal?
  • 02-12-2009, 08:07 PM
    M'sta Mikey
    Re: I Was with My Friend when He Was Caught
    What was it that YOU signed?
  • 02-12-2009, 08:15 PM
    jimmyt
    Re: I Was with My Friend when He Was Caught
    I believe that it was a statement saying I stole the shoes...Even though my friend was clearly shown taking them and saying he did it. I also had to sign a citation(?) the officer gave me.
  • 02-12-2009, 08:30 PM
    aaron
    Re: I Was with My Friend when He Was Caught
    You signed a document saying, "I stole the shoes"? That makes it harder to deny that you were an innocent bystander, not your friend's partner in crime. Did you also know he was stealing when you tried to leave the store with him?
  • 02-12-2009, 08:34 PM
    jimmyt
    Re: I Was with My Friend when He Was Caught
    I was not currently aware that he would steal them. He just handed me the shoebox and told me to put it back on the shelf. When we left, the security held us both back.

    Anyways...this is my first offense. Should I plead not guilty or guilty?
  • 02-13-2009, 09:37 AM
    cdwjava
    Re: I Was with My Friend when He Was Caught
    Hire an attorney. I suspect you will be advised to plead "not guilty" at the first hearing.

    From what you write, there appears to be a good case that the two of you are guilty of shoplifting. Unless your friend testifies that you did not know anything about the theft - and the police and/or the court believes his claim - then you are likely to be convicted. It is possible that this can be pled down to an infraction (if not already filed as such) - that would be very good for you.

    - Carl
  • 02-13-2009, 04:27 PM
    jimmyt
    Re: I Was with My Friend when He Was Caught
    What will happen if I just plead guilty? I don't want to make a big deal out of everything. I'm willing to pay a fine and do community service.
  • 02-13-2009, 04:37 PM
    M'sta Mikey
    Re: I Was with My Friend when He Was Caught
    Quote:

    Quoting jimmyt
    View Post
    What will happen if I just plead guilty? I don't want to make a big deal out of everything. I'm willing to pay a fine and do community service.

    ...serve probation and have this on your record for life. Lost employment, be turned down when attempting to rent an apartment, applying for college or scholarships....shall I continue?
  • 02-13-2009, 04:42 PM
    jimmyt
    Re: I Was with My Friend when He Was Caught
    Should we get a private lawyer and/or a public defender?
  • 02-13-2009, 06:33 PM
    aaron
    Re: I Was with My Friend when He Was Caught
    Quote:

    Quoting jimmyt
    View Post
    I was not currently aware that he would steal them. He just handed me the shoebox and told me to put it back on the shelf.

    Empty? That would have been a clue. As would his wearing new shoes out of the store without paying for them.
    Quote:

    Quoting jimmyt
    View Post
    Should we get a private lawyer and/or a public defender?

    In my opinion, yes. Get a court-appointed lawyer if you qualify or, if you don't or if you prefer, consult a private lawyer.
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